It is disheartening to observe two nations that underwent significant changes in the last century failed to capitalize on their reforms for the penal systems. South Africa declared itself of free of apartheid rule and yet finds its indigenous population reeling under the present government. The German model for reforms was on track until the political pressures overtook it (Cavadino, Cavadino, and Dignan, 2005). The cry is for stricter laws against criminals and yet, they are unable to follow the examples of the Netherlands or learn from the mistakes made by the United States. The South African people still have racism in their penal systems and the proof of this is pertaining to the number of indigenous under trials held in inhumane conditions.
The problem in the United States was that the majority race is Caucasian. Hence, African Americans and Hispanics experience discrimination in the criminal justice system. In the case of South Africa, the local African population is the majority. The entire motive behind overthrowing of the apartheid rule along with the complete backing of the international community seems in vain (Cavadino, Cavadino, and Dignan, 2005). Corruption reeks the ranks of all levels authority within the penal system. The first trial of Oscar Pretorius was a fine example of corruption. Despite the prosecution presenting a strong case backed by scientific evidence, the Judge ruled in favor of Pretorius much to the dismay of the Reeva Steenkamp’s family members and viewers all across the world. The Judge was of local descent (Phipps, 2014).
Despite the leniency towards Pretorius, there is no such action towards the local population. Thousands languish in prisons with tuberculosis outbreaks while waiting for their trials. Unable to afford bail, these under trial South Africans face certain death from the disease. Moreover, the crime rates are on the rise without any respite despite the government adopting strict laws (Gould, 2013). In Germany, the politicians are following the American pattern of reactionary policies aimed at increasing the jail time for certain crimes. The policies for strictness against criminal activity will backfire just as it did in the United States. The Germans should abandon their pursuit of locking up more criminals and focus more on preventing crimes from taking place altogether.
The United States penal system although not perfect is a much better proposition when compared to the South African and German penal policies. Although innocent people face conviction for a crime they did not commit, the system allows due process. The defendants can utilize the services of the Innocence project to exonerate themselves if the system made an error. American policies in the area of criminal justice are heading in the positive direction at this time. The legalization of using recreational drugs dropped the homicide rate by 50% in Colorado (Drug Policy Alliance, 2015). The use of community based sentencing provides positive reinforcement for inmates. The South Africans and the Germans will do reasonably well if they follow suit.
References
Cavadino, M., Cavadino, M., and Dignan, J (2005). Penal Systems: A Comparative Approach. Sage Publishers. Thousand Oaks: CA. Pp. 92-100 and 101-112.
Drug Policy Alliance Staff (2015). Marijuana Legalization in Colorado after One Year of Retail Sales and Two Years of Decriminalization. Retrieved from: https://www.drugpolicy.org/sites/default/files/Colorado_Marijuana_Legalization_One_Year_Status_Report.pdf
Gould, C. (2013). Does South Africa's criminal justice system deter offenders? Retrieved from: https://www.issafrica.org/iss-today/does-south-africas-criminal-justice-system-deter-offenders
Phipps, C. (2014). Oscar Pistorius trial: the full story, day by day. Retrieved from: http://www.theguardian.com/world/2014/oct/21/oscar-pistorius-trial-full-story-reeva-steenkamp
