With the establishment of the Directorate of Special Operations (Scorpions), the Asset Forfeiture Unit (AFU), the Special Investigating Unit (SIU) and the Departmental Investigating Unit (DIU), questions were asked as to whether this is a creation of new units of the Police Service. These questions were exaggerated by the fact that the media uses the term "Scorpions" whenever the Scorpions, the AFU, SIU and the DIU perform their functions. South African legislation that governs organised crime does not demarcate activities to be dealt with by the SAPS, AFU, DIU, Scorpions and the SIU. The Constitution of South Africa lays down the objects of the police, but it is silent about the objectives of the Scorpions, AFU, SIU, DIU and other investigative institutions except that it only mentions the creation of a single National Prosecuting Authority (NPA). A literature study was used as the basis for this study. In addition, unstructured interviews and observation were used to gather evidence from the relevant stakeholders. An analysis of the SAPS Detective Service, the Special Investigating Unit (SIU), the Scorpions, the Departmental Investigating Unit (DIU) of the Department of Correctional Services and the Asset Forfeiture Unit (AFU), was done in order to establish the overlapping of functions. Indeed, overlapping was discovered between the Scorpions and the SAPS Detective Service, the AFU and the SIU, as well as between the SAPS and the DIU. In order to make a proper finding, an analysis was done of anti-corruption agencies in Botswana, Nigeria, Malawi and Hong Kong. The findings indicate that the better way of fighting corruption, fraud, economic and financial crimes, is through the establishment of a single agency that will work independently from the police, with a proper jurisdiction. / Criminology and Security Science / D.Litt. et Phil.(Police Science)

In this study focus is placed on the Impact of the Namibian judiciary system on the sexually-abused child witness and recommendations were made to criminal justice professionals. A literature study was undertaken to establish a grounded theoretical perspective. A single case study was done to evaluate how the Gestalt Play Therapy Process can be applied to mitigate some of the negative effects the judicial system has on the child witness. An empirical study was done and a qualitative approach was utilised. Semi-structured interviews were conducted with children, their parents and criminal justice professionals. Major findings of this study are that the Namibian criminal justice system leads to further traumatization of the sexually-abused child witness and that the Gestalt Play Therapy approach can be applied to make the court proceedings less traumatic and even therapeutic for the child witness. Recommendations were formulated for criminal justice professionals / In hierdie verhandeling is gefokus op die impak van die Namibiese regstelsel op die seksueel-misbruikte kindergetuie en daar word aanbevelings gedoen aan professionele persone in die kriminele regstelsel. 'n Literatuurstudie is gedoen om 'n grondige toeretiese perspektief daar te stel. 'n Enkele gevallestudie is uitgevoer om te evalueer hoe die Gestalt Spelterapieproses toegepas kan word om die hofverrigtinge vir die kind minder traumaties te maak. 'n Empiriese studie is gedoen en 'n kwalitatiewe benadering is gebruik. Semi-gestruktureerde onderhoude is gevoer met kinders, hulle ouers en professionele persone wat met seksueel-misbruikte kindergetuies werk. In die studie is bevind dat die Namibiese regstelsel addisionele trauma veroorsaak vir die kindergetuie en dat die Getaltspelterapiebenadering gebruik kan word om die hofervaring minder traumaties en selfs terapeuties te kan maak vir die kindergetuie. Aanbevelings is gedoen aan professionele persone wat met kindergetuies werk. / Social work / M.Diac. (Play Therapy)

The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulted in a re-look at our penal policy and has placed great emphasis on the rights of prisoners. These rights flow from the rights to equality, dignity and liberty. The Constitution has entrenched certain rights of criminal suspects, including the right to a fair trial. Legislation has been introduced to ensure compliance with the constitutional imperatives. The new dispensation has given rise to debate on many issues, and facilitated a rise of a victims’ movement seeking to promote victim interests. This movement has noted that offenders and alleged offenders enjoy a series of constitutional rights, and that corresponding rights for crime victims need to be introduced. Victims are unlikely to be accorded rights in the literal sense of the word; nevertheless, they need to be accommodated within the criminal justice system. This need has given birth to a charter for crime victims, a document that seeks to empower crime victims. The perception remains, however, that offenders and crime suspects still enjoy too much protection, to the detriment of victim interests. The development of victim rights is hampered by the adversarial nature of the country’s criminal justice system and the perception that victims have no role to play within the criminal process, other than as witnesses. The purpose of the thesis is to analyse the extent to which our Bill of Rights strikes a balance between the interests of alleged offenders and offenders on the one hand, and crime victims on the other. It also seeks to create awareness about the plight of crime victims and to make suggestions on possible solutions. / Criminal and Procedural Law / LLD (Criminal & Procedural Law)

Text in Afrikaans / Alhoewel die Grondwet van die Republiek van Suid-Afrika die bestaande reg op regsverteenwoordiging uitgebrei het tot sy logiese eindpunt, is daar geen vaste inhoud aan hierdie reg gegee nie en sal die howe die omvang daarvan moet ontwikkel. Hierdie reg kan weens die heersende sosiale en ekonomiese omstandighede nie 'n absolute reg wees nie. Indien 'n beskuldigde nie 'n regsverteenwoordiger kan bekostig nie, sal een op staatsonkoste aan horn verskaf word, maar slegs indien <lit andersins tot wesentlike onreg sal lei. In so 'n geval het die beskuldigde nie die reg op 'n regsverteenwoordiger van sy keuse nie. Effektiewe regsverteenwoordiging word ook nie gewaarborg nie. Daar word derhalwe steeds nie aan die sine qua non van 'n volledige strafregplegingstelsel soos <lit oor tyd in die Verenigde State van Amerika ontwikkel het, <lit is die verskaffing van kostelose regsverteenwoordiging aan elke behoeftige persoon beskuldig van 'n emstige misdaad, voldoen nie / Although the Constitution of the Republic of South Africa has extended the existing right to legal representation to its logical conclusion, no definitive substance has been given to this right and the courts will have to develop the purview thereof. This right cannot be an absolute right because of ruling social and economic circumstances. Should an accused not be able to afford a legal representative, one will be supplied to him at state expense, but only if substantial injustice would otherwise result. In such an event the accused is not entitled to a legal representative of his choice. Effective legal representation is also not guaranteed. There is therefore still not compliance with the sine qua non of a comprehensive criminal justice system as has developed over time in the United States of America, that is the provision of free legal representation to every indigent person accused of a serious crime / Criminal and Procedural Law / LL.M. (Straf en Prosesreg)

Submitted by JOSE VIANA AMORIM (vianamorim@gmail.com) on 2012-08-18T01:57:22Z No. of bitstreams: 1 Dissertação - Versão 46.pdf: 7580413 bytes, checksum: 908a1ed0a50d00cd57349e927328268f (MD5) / Approved for entry into archive by ÁUREA CORRÊA DA FONSECA CORRÊA DA FONSECA (aurea.fonseca@fgv.br) on 2012-08-31T14:32:35Z (GMT) No. of bitstreams: 1 Dissertação - Versão 46.pdf: 7580413 bytes, checksum: 908a1ed0a50d00cd57349e927328268f (MD5) / Approved for entry into archive by Marcia Bacha (marcia.bacha@fgv.br) on 2012-09-05T11:32:05Z (GMT) No. of bitstreams: 1 Dissertação - Versão 46.pdf: 7580413 bytes, checksum: 908a1ed0a50d00cd57349e927328268f (MD5) / Made available in DSpace on 2012-09-05T11:32:16Z (GMT). No. of bitstreams: 1 Dissertação - Versão 46.pdf: 7580413 bytes, checksum: 908a1ed0a50d00cd57349e927328268f (MD5) Previous issue date: 2012-07-12 / This study deals with the issue of the Criminal Forensics’s autonomy in relation to the Brazilian Federal Police. The study, notably of a descriptive nature, with exploratory phases, aims to describe the perceptions and reflections revealed by the thematic analysis of the individuals involved in the issue. For this purpose, the methodology used in the study was content analysis, according to Bardin (1977). The selected individuals were chosen using the criteria of accessibility and type of function: Federal Police Delegado, Criminal Expert of Federal Police, Federal Judge and the District Attorney. In face of its predominately qualitative character, there is no expectation of generalizations of the results obtained in the field, as well as the selection of these individuals did not prioritize quantitative representation. The theoretical reference was constructed with the objective to contextualize and to favor the reader's understanding of how is constituted the reality in which itself insert the object of study, seeking to describe the necessary terms and concepts for this understanding, such as: (i) what is the Criminal Justice System and how its process of formation evolved in the modern State; (ii) what is the structure and flow of the basic procedural of the Brazilian model, highlighting the position in which the Criminalist organs or institutes belong; (iii) what is the level of efficacy of this system in Brazil and what are the main problems that affect the functionality of the Criminal Forensics in its structure; (iv) what are the reactions to the use of paradigms, repressive and preventive, by the State in control of violence, criminality and impunity of criminals, seeking to guarantee the maintenance of public order and social wellbeing; (v) what relevance does the role of the Criminal Forensics have on the Criminal Justice System according to the preventive paradigm; (vi) what is Criminalistics and what is the nature of its activity; (vii) how the current administrative structure and the Criminal Investigation Officer’s network of clients is presented. The researcher then comes to the purpose of the study, describing the process of the Criminalist’s autonomy in Brazil, its origin and how this process came to be designed and focusing on the principal administrative and statutory measures that furthered its consolidation in the country in relation to public security policy, such as: the approval of federal government's plans PNSP (2002), PNDH I (1996), PNDH II (2002) and PNDH III (2009) in addition to the enactment of Law nº 12.030/2009, which specifically assures the scientific-technical and functional autonomy of the Criminal Forensics’s role. Special treatment was given to the significance and reach of the conceptual dimensions of the term 'autonomy' in relation to the Criminal Forensics’s function. To the degree of the weight of the results obtained, the conclusions reveal that the complexity of the theme, theory and practice, awaits the continuity of future research. / Trata-se de uma pesquisa de natureza marcadamente descritiva, com etapas exploratórias, que visa a descrever as percepções e reflexões desveladas pelos sujeitos da pesquisa nas análises temáticas realizadas sobre diversas questões que envolvem o tema da autonomia da Perícia Criminal Oficial, no âmbito da Polícia Federal. Para esse fim, utilizou-se da metodologia da análise de conteúdo, segundo Bardin (1977). Os sujeitos da pesquisa foram escolhidos segundo o critério de acessibilidade e da natureza dos cargos, quais sejam: Delegado da Polícia Federal, Juiz Federal, Perito Criminal Federal e Procurador da República. Face à predominância do cunho qualitativo neste estudo, não há expectativas de generalizações dos resultados obtidos no campo, assim como a seleção desses sujeitos não priorizou pela representatividade quantitativa de cada cargo. O referencial teórico foi construído com o propósito de contextualizar e favorecer a compreensão do leitor sobre como é constituída a realidade em que se insere o objeto de estudo, buscando descrever os termos e conceitos necessários a essa compreensão, tais como: (i) o que é o Sistema de Justiça Criminal e como se deu seu processo de formação no Estado moderno; (ii) como é a estrutura e o fluxo processual básico do modelo brasileiro, com destaque para a posição que ocupam os órgãos ou Instituto de Criminalística; (iii) qual o nível de efetividade desse sistema, no Brasil, e quais os principais problemas que afetam a funcionalidade da Perícia Oficial em sua estrutura; (iv) quais os reflexos do uso dos paradigmas repressivo e preventivo, pelo Estado, no controle da violência, da criminalidade e da impunidade dos criminosos, visando a garantir a manutenção da ordem pública como bem coletivo; (v) que relevância tem o papel da Perícia Oficial para a efetividade do Sistema de Justiça Criminal, segundo o paradigma preventivo; (vi) o que é Criminalística e qual a natureza de sua atividade; e (vii) como se apresenta a atual estrutura administrativa e a rede de clientes da Perícia Oficial. Ao se aproximar do objeto de estudo, o pesquisador buscou descrever como se deu a origem do processo de autonomia da Criminalística, no Brasil, e como esse processo vem sendo desenhado como uma política de segurança pública, destacando as principais medidas administrativas e normativas adotadas no país que favoreceram a sua consolidação, tais como: a aprovação do PNSP (2002), do PNDH I (1996), do PNDH II (2002) e do PNDH III (2009), além da promulgação da Lei nº 12.030/2009, que assegura, de forma específica, a autonomia técnico-científica e funcional da função pericial criminal. Tratamento especial foi dado ao significado e ao alcance que têm as dimensões conceituais do termo 'autonomia' para a função pericial. Em que pesem os resultados obtidos, as conclusões revelam que a complexidade do tema, teoria e prática, aguarda continuidade em pesquisas futuras.

Increasing incidents of mob justice have left a trail of murders that remain unsolved in the rural areas of South Africa. As such, little attention has been given to the experiences of victims and perpetrators involved in mob justice related incidents in these areas in particular. The purpose of this study was to examine narrative accounts of the experiences of victims and perpetrators engaged in mob justice associated incidents in the Diphale village, Limpopo. Twenty participants, consisting of 14 perpetrators and 06 victims, were chosen through sampling techniques, like, convenience and snowball sampling. A qualitative approach was adopted using semi-structured interviews as the key research instrument. The semi-structured interviews were conducted with 09 perpetrators, and two focus groups involving 06 victims and 05 perpetrators. Data was analysed using thematic analysis to interpret data collected from the participants. The findings indicated that unsolved crime leads to persistent mob justice activities in the Diphale village. The findings in the study were further bolstered through the provision of recommendations aimed at preventing future mob justice activities. The recommendations highlight proper service delivery, including community development, and the reduction of corruption and bribery. / Criminology and Security Science / M.A. (Criminology)

LLM / Department of Criminal and Procedural Law

This study explores the subjective experiences of mothers living with HIV from Southeastern Ontario when accessing health and social services. Drawing on principles of feminist participatory action research, 5 MLWH were brought together in order to share their stories of accessing health and social services and to participate in the creation of a collage as part of the storytelling process. Intersectional feminist theory was chosen as a theoretical lens for this project to highlight the ways women’s multiple identities intersect and contribute to HIV-stigma. Emerging from the storytelling and arts based process were stories about the women’s interactions with the criminal justice system, Children’s Aid Societies, social welfare programs and women-specific supports. The key concerns that the women raised in connection to these interactions included having to re-tell their story, concerns about confidentiality and disclosure and experiencing a loss of control as a result of depending on a myriad of health and social services. In addition, the participants identified changes they would like to see within health/social services including more opportunities for peer support and an increase in services available to support the unique psychosocial challenges of MLWH. / Thesis / Master of Social Work (MSW)

The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court. The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court. The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court. / Social work / M.Diac. (Play therapy)

Children are the most vulnerable group. Their protection should be a priority for society. In particular, those who are accused of committing crime need to be protected from entering the criminal justice system and measures should be put in place to prevent the stigmatisation associated with having a criminal record. Such protection is endorsed by section 28 of the Constitution of the Republic of South Africa (1996).This study outlines the role played by a probation officer in the diversion process. This was achieved by examining international and national instruments that promote the protection of children in conflict with the law. The Child Justice Act No. 75 of 2008 forms part of national instruments. It provides guidelines for probation officers and other stake holders in the justice system on how to deal with children who are accused of committing crimes. Recommendations on the identified challenges and gaps are made. / Corrections Management / M.A. (Corrections Management)