Historical reflections on the deterrent effect of the death penalty on capital crimes in South Africa: Lessons from 1917–1995
The death penalty was long practised in South Africa as one of the sentence options for capital crimes such as murder, rape, treason, terrorism, and robbery with aggravating circumstances. Its practice has a matching effort for its abolishment or restricted application. Reflecting on some specific historical periods of the practice of the death penalty in South Africa, the author sought to contextualise the article, namely to understand the socio-political experience and perception of the death penalty in order to gauge its current relevance. The goal of the study on which this article reports was to determine whether the death penalty had a deterrent effect on capital crimes in South Africa during the pre-1996 constitutional period. In order to achieve the goal of the deterrence of serious crimes by the death sentence in South Africa, the author discusses legislation, case law, execution patterns and deterrence literature in its context.
Copyright (c) 2022 Chris Magobotiti
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors, copyright holders, may use the publishers version for teaching purposes, in books, theses, dissertations, conferences and conference papers.
A copy of the authors' publishers version may also be hosted on the following websites:
- Non-commercial personal homepage or blog.
- Institutional webpage.
- Authors Institutional Repository.
The following notice should accompany such a posting on the website: This is an electronic version of an article published in Scientia Militaria, Volume XXX, number XXX, pages XXX - XXX, DOI. Authors should also supply a hyperlink to the original paper or indicate where the original paper (http://scientiamilitaria.journals.ac.za) may be found.
Authors publishers version, affiliated with the Stellenbosch University will be automatically deposited in the University's Institutional Repository SUNScholar.
Articles as a whole, may not be re-published with another journal.
The following license applies: