Thesis (M.J.S.)--University of Nevada, Reno, 2007. / "December 2007." Includes bibliographical references. Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2008]. 1 microfilm reel ; 35 mm. Online version available on the World Wide Web.

Thesis--Paris, 1898. / Includes bibliographical references.

Thesis (M.Soc.Sci (LegSt&CrimJus)) - University of Queensland, 2004. / Includes bibliographical references.

Thesis (Ph. D.)--Florida State University, 2006. / Advisor: Theodore Chiricos, Florida State University, College of Criminology and Criminal Justice. Title and description from dissertation home page (viewed June 7, 2006). Document formatted into pages; contains ix, 152 pages. Includes bibliographical references.

Thesis (Ph. D.)--Drexel University, 2006. / Includes abstract and vita. Includes bibliographical references (leaves 76-80).

Magister Legum - LLM / This thesis dealt with the constitutionality of the provisions of the Criminal Procedure Amendment Act, 2003 (Act 42 of 2003), pertaining to the leave requirement and petition procedures in respect of appeals against conviction, sentence or orders of the lower courts. / South Africa

THE INJURED PARTY IN CRIMINAL PROCEDURE AND HIS/HER PROTECTION The diploma thesis is engaged in position of injured party in criminal proceedings in the Czech Republic from many aspects: either regarding its historical development on the actual territory of the state, or definition of the term of aggrieved person in compliance with actual legal while respecting position of the Czech Republic within European Union and binding effect of certain European standards for the Czech Republic and its legal system, and binding effect of legal documents from the UN level. Additionally, one can follow the definition of the term "victim of the criminal activity" (oběť), which is not identical with the term "victims of the criminal activity" (poškozený) in the Czech legal system. In other legal orders, however, the terms are identical. Onwards, the attention is paid to process rights of the aggrieved person, particularly to the right to claim the indemnity in the accession proceeding. Next chapter of the diploma thesis describes the institute of declensions, which is relatively new and progressive phenomenon in the Czech law. Final part of the diploma thesis briefly describes condition of providing of information on criminal proceeding with emphasis to providing of information in cases, where victim of the...

Magister Legum - LLM

The process of extradition is a vital component of International Criminal Law as a means of ensuring the suppression and prevention of international crimes. It is the internationally accepted method used by states to surrender an offender back to the state where the alleged offence was committed so that such offender can be tried and punished. Without such process, and with the ease of modern global travel, offenders would, in all likelihood be able to escape prosecution and punishment. Most organized democratic societies recognize that the suppression of crime is necessary for peace and order in society and that extradition is an effective tool to be used to bring to justice a fugitive attempting to evade the law by fleeing to another country. What follows is a discussion, firstly on the theory of extradition and secondly on the effect that human rights has had on the law of extradition. The theory of extradition involves an analysis of extradition from its ancient roots to its position in society today. With regard to extradition in South Africa, reference is made to the various periods of the country’s history. The colonial era before South Africa acquired Republican status in 1961 is referred to in order to establish a basis for the present law of extradition in South Africa. The period during the apartheid era after achieving Republican status in 1961 is discussed in order to show how and why South Africa moved away from its common law roots based on English Law. This era is also of importance as it led to the introduction of the present Extradition Act 67 of 1962. Finally the current position spanning from 1994 to the law as it stands in South Africa today, as influenced by the introduction of Constitutional law, is examined. The rule on non-inquiry is also examined in order to compare the traditional approach by states, where state sovereignty was of paramount importance, with the modern trend of emphasis being placed on fundamental human rights. The methods in terms of which extradition is accomplished, both in South Africa and internationally is also discussed. Such reference to the theory and nature of extradition is done to provide general background on the complex issue to be discussed. The crux of the treatise relates to the impact that the rise in status of fundamental human rights has had on the extradition process. Reference will be made to aspects relating to the protection of the offender’s procedural rights as well as to the protection of the individuals right to life, dignity and bodily integrity. Such examination will refer to the position in South African law as well as the position on the international front. Attention is given to developments in case law as well as to how the courts approach the tension between extradition and human rights both locally and internationally. Finally, in conclusion it is submitted that the extradition process is the most effective procedure available to return an offender to the state seeking his prosecution. The process has however, in modern times adapted to uphold the rights of the offender whose return is requested. This can be seen from the provisions included in recent treaties and conventions, most notably the European Convention on Extradition to which South Africa became a party in 2003. Extradition is clearly concerned with the balancing of the offender’s human rights and the need for effective enforcement of criminal law.

What happens when the journalist’s ethical obligation to protect the identity of an anonymous source of information clashes with the established legal principal that all relevant evidence needs to be placed before a court? It is common cause that the media is dependant on sources for information. If that were not the case, the media would merely relay obvious information on events already in the public domain. Some sources prefer to remain anonymous, be it for fear of retribution, fear for their own safety or that of their families or just plain shame. Whatever the case may be, the journalist remains under an ethical obligation not to disclose the identity of such a source of information. Although virtually all professional codes of ethics for journalists has some reference to journalists’ duty to protect the identity of their sources of information, at common law the South African journalist has no such privilege as is evinced by the judgment handed down by Hill J in S v Pogrund 1961 (3) SA 868 (TPD) who said that [s]uch principles … confer no privilege in law on any journalist. The most common justification given by supporters of a journalistic privilege is that sources would “dry up” should journalists be forced to disclose the identities of their sources of information. In the writer’s opinion, the question of a journalist’s right to protect the identity of an anonymous source of information or journalistic privilege falls squarely within the ambit of freedom of expression. Section 16 of the Constitution of the Republic of South Africa guarantees that everyone has the right to freedom of expression, which includes inter alia freedom of the press and other media and the freedom to receive or impart information or ideas. Any interference with the delicate relationship between journalist and source therefore will theoretically be a limitation on the rights guaranteed in section 16 of the Constitution. In recent times however since the inception of the new democratic dispensation South African courts have been more inclined to accept that journalists have, at least in principle, the right to protect their sources of information. This is unfortunately not enough as it is quite clear that the notion still exists to view the media as a primary source of evidence, rather than one of the cornerstones of democracy should a journalist be suspected of having information that could be relevant in a case before the court. This is clear from the recent Hefer Commission of Enquiry saga where a journalist was summonsed outright to testify as to her sources of information. South Africa is lagging behind other western legal systems where the journalist’s privilege is seen as a core element of press freedom. Protection for this principle has been formally introduced in foreign legislation. An amendment to the Criminal Procedure Act could be the answer, as could new legislation to protect the media from testifying regarding the identity of informants. Ultimately however, argument of the question before the Constitutional Court would be the ideal solution. / Dissertation (Magister Legum (Public Law))--University of Pretoria, 2007. / Public Law / unrestricted