An exploration of the perceptions of role players in the criminal justice system regarding electronic monitoring as a sentencing option for low-risk offenders

Abstract

This study explored the views of legal practitioners and community corrections officials on the use of electronic monitoring as a sentencing option for low-risk offenders in the South African criminal justice system. Sykes’ deprivation model, Farabee's model of corrections, and Cohen and Felson's routine activities theory guided the study. The pragmatic paradigm was followed as a frame of reference, and the convergent mixed methods research design was applied to explore the viability, benefits, and challenges of electronic monitoring. For the qualitative component, telephonic interviews were conducted with legal practitioners (magistrates and attorneys) (n=18), and for the quantitative component, electronic or web-based surveys were sent to community corrections officials (n=120). Qualitative data were analysed using reflexive thematic analysis, and quantitative data were analysed using Statistical Package for the Social Sciences (version 29). The study highlighted the significance of electronic monitoring as an alternative sentencing option, a supervision tool, and an effective method for deterring crime. Among the benefits of electronic monitoring were its cost-effectiveness compared to imprisonment, and its ability to reduce the workload of community corrections officials and prison overcrowding. Concerns raised included technical and operational challenges, privacy issues, and perceived leniency of electronic monitoring as a sentence. The study provided recommendations for stakeholders and policymakers on effectively integrating electronic monitoring into the justice system. This included a multi-stakeholder task force to supervise the development and implementation of electronic monitoring, establishing curfews and geographical restrictions, integrating electronic monitoring with rehabilitative programmes, providing adequate resources and technological infrastructure, collaborating with international experts to ensure global best practices, and safeguarding offenders’ rights. The study acknowledged that legislative reforms are needed to create a robust legal framework for electronic monitoring to be implemented as a sustainable alternative to incarceration.