Prison Population at 156,000

i have not read the act itself.
i have relied on comments regards the difficulties it presents from 2 "lawyer" friends.

TX for you honesty. Actually don't bother reading it. On paper looks great in practice is basically toothless. In short, the minimum sentences mentioned in the said amendment, are only applicable when there are no mitigating factors presented to the court by the defence. In South Africa though, every accused person is entitled to an attorney (good thing). Even if you can not afford one the state will provide. And now here is the issue: every attorney worth his salt will think of some mitigating factor for the convict. When the sentencing comes, the magistrate/judge notes what the attorney said and uses that to basically nullify the said amendment. This happens in most cases! Sadly. I hate it but this is how things are. Keep in mind, there is a lot of pressure on the judges to give as small a sentence as possible.
 
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TX for you honesty. Actually don't bother reading it. On paper looks great in practice is basically toothless. In short, the minimum sentences mentioned in the said amendment, are only applicable when there are no mitigating factors presented to the court by the defence. In South Africa though, every accused person is entitled to an attorney (good thing). Even if you can not afford one the state will provide. And now here is the issue: every attorney worth his salt will think of some mitigating factor for the convict. When the sentencing comes, the magistrate/judge notes what the attorney said and uses that to basically nullify the said amendment. This happens in most cases! Sadly. I hate it but this is how things are. Keep in mind, there is a lot of pressure on the judges to give as small a sentence as possible.


Oh, the "attorney" friends aren't "the common garden variety", one is a retired high court judge, the other is currently a high court judge president - so i have always given their opinions on legal process lots of credit - in fact, almost as gospel
 
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