Magisterarbeit, 2008
136 Seiten
This study aims to examine the efficacy and effectiveness of community service orders as a non-custodial sentencing option for non-serious offenders in Uasin Gishu County, Kenya. It explores the historical context of punishment, various perspectives on its purpose, and the evolution of community service internationally and within Kenya. The research also investigates the attitudes and perceptions of various stakeholders, including offenders, victims, and the community, towards community service programs.
CHAPTER ONE: INTRODUCTION: This chapter sets the stage for the study by introducing the concept of community service orders in Kenya as a relatively new sentencing option. It explores the evolving understanding of crime as a social construct influenced by culture and historical perspectives, contrasting consensus and conflict views on the function of legal systems. The chapter also touches upon historical approaches to understanding criminal behavior, from physiognomy to the emergence of formal legal systems in colonial and post-colonial Kenya, highlighting the shift from traditional African systems of justice.
CHAPTER TWO: LITERATURE REVIEW AND THEORETICAL FRAMEWORK: This chapter provides a comprehensive review of the literature on punishment, tracing its historical evolution and exploring various perspectives, including retribution, deterrence, and rehabilitation. It examines the international experience with community service, detailing its development and implementation in different regions, including North America, New Zealand, Australia, Western Europe, Ireland, Zimbabwe, and Uganda. The chapter then focuses on the Kenyan context, including prison reforms and the use of probation sentences. Critically, it identifies gaps in the existing literature and introduces relevant theoretical frameworks, such as behaviourist, social learning, social cognitive theories, and pro-social modelling, which provide a lens for analyzing the effectiveness of community service in offender rehabilitation.
CHAPTER THREE: RESEARCH METHODOLOGY: This chapter details the research design and methodology employed in the study. It specifies the geographical location (Uasin Gishu County, Kenya), outlines the research design, and defines the target population and sampling procedures used to determine sample size. The chapter further explains the various data collection methods used, including interviews (schedules and guides), observations, focus group discussions, and key informant interviews. A detailed description of the procedures to ensure reliability and validity of the research instruments is also presented, followed by an explanation of the data analysis methods and the ethical considerations undertaken.
CHAPTER FOUR: PRESENTATION AND DATA ANALYSIS: This chapter presents and analyzes the collected data. It begins by providing background information on the respondents, including demographics such as sex, age, marital status, education, and occupation. The core of the chapter then delves into the analysis of community service orders, examining respondents’ knowledge of the program, the types of offenses involved, and the attitudes and perceptions of various stakeholders (community members, victims, offenders, and key informants) towards community service. The analysis explores the perceived benefits, strengths, and weaknesses of the program, as well as its overall effectiveness in rehabilitating offenders and fostering reconciliation between offenders and victims.
Community service order, offender rehabilitation, restorative justice, Kenya, Uasin Gishu County, sentencing, non-custodial sentences, victim-offender reconciliation, criminal justice, social learning theory, behaviourist theories, perceptions, attitudes, effectiveness.
This study examines the efficacy and effectiveness of community service orders as a non-custodial sentencing option for non-serious offenders in Uasin Gishu County, Kenya. It explores the attitudes and perceptions of various stakeholders (offenders, victims, and the community) towards community service programs and its role in offender rehabilitation and victim-offender reconciliation.
The research aims to investigate the effectiveness of community service orders in rehabilitating offenders, analyze the perceptions and attitudes of different stakeholders towards community service, explore the historical and international context of community service and its development in Kenya, identify the challenges and strengths of implementing community service programs in Kenya, and examine the role of community service in reconciliation between victims and offenders.
The Table of Contents covers five chapters: Chapter One (Introduction), Chapter Two (Literature Review and Theoretical Framework), Chapter Three (Research Methodology), Chapter Four (Presentation and Data Analysis), and Chapter Five (Summaries of the Findings, Conclusions, and Recommendations). Each chapter is further divided into subsections detailing specific aspects of the research.
The study utilizes behaviourist theories, social learning theories, social cognitive theory, and pro-social modelling to analyze the effectiveness of community service in offender rehabilitation. These frameworks provide a lens for understanding how community service impacts offender behavior and attitudes.
The research employed a mixed-methods approach, including interviews (structured and semi-structured), observations, focus group discussions, and key informant interviews. The study details procedures to ensure the reliability and validity of the research instruments and outlines the data analysis methods used.
The participants included offenders, victims, community members, and key informants involved in the community service program in Uasin Gishu County, Kenya. Demographic data on participants (age, gender, marital status, education, occupation) are collected and analyzed.
Chapter Four presents and analyzes data on respondents' knowledge of community service, types of offenses involved, and stakeholder attitudes and perceptions. The analysis explores the benefits, strengths, and weaknesses of the program and assesses its overall effectiveness in rehabilitation and reconciliation. Chapter Five summarizes these findings, presents conclusions, and offers recommendations for future research and practice.
The study identifies both the strengths and weaknesses of community service programs in Kenya, drawing on data from various stakeholders. These insights are crucial for improving the effectiveness and implementation of community service as a sentencing option. Specific challenges and strengths are detailed in Chapter Four and summarized in Chapter Five.
Chapter Five presents the study's conclusions based on the analysis of findings. The chapter also includes recommendations for improving community service programs in Kenya, as well as suggestions for further research to enhance understanding of this sentencing option's efficacy and effectiveness.
Keywords include: Community service order, offender rehabilitation, restorative justice, Kenya, Uasin Gishu County, sentencing, non-custodial sentences, victim-offender reconciliation, criminal justice, social learning theory, behaviourist theories, perceptions, attitudes, effectiveness.
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