Thesis (M.Soc.Sc.)--University of Hong Kong, 1990. / Also available in print.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1992. / Also available in print.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1992. / Also available in print.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1994. / Includes bibliographical references (leaves 84-90) Also available in print.

Thesis (Ph.D.)--Brown University, 2005. / Vita. Thesis advisor: Tim Harris. Includes bibliographical references (leaves 390-441). Also available online.

Organised crime is a worldwide phenomenon, which also affects South Africa. In many instances organised crime is transnational. Consequently, South Africa had to develop legislation in order adequately to deal with organised syndicates and associations of criminals, and bring its legal system in line with international standards aimed at combating transnational organised crime. In the United States of America organised crime, and any conduct that meets a “pattern of racketeering”, are prosecuted under the Racketeering Influenced and Corrupt Organizations Act 18 USCA 1961-1968. This legislation played a significant role when racketeering offences were formulated in the South African Act. The Prevention of Organised Crime Act 121 of 1998 inter alia includes aspects such as racketeering, money laundering, gangs and the civil recovery of property. It also deals with conduct of individual wrongdoing and crimes that cannot be categorised as organised crime. This study focuses on problematic aspects with regard to racketeering offences in Chapter 2 of the Act that are probably going to labour the Constitutional Court and/or the Supreme Court of Appeal in the near future. One of the problematic aspects of Chapter 2 of the Act is that it does not include a definition of “racketeering”. It only describes the different types of conduct which may lead to a successful prosecution on racketeering offences. The legislation also introduces new concepts, such as “enterprise” and “pattern of racketeering activity”. Therefore, in order to determine whether the State will succeed in prosecuting an accused with racketeering offences, it must be established what is meant by the terms of being part of an “enterprise” and what a “pattern of racketeering activity” entails. Also of importance is the requirement that two or more offences referred to in Schedule 1 of the Act must have been committed for a successful prosecution. Although the South African courts have considered this aspect there is still room for discussion as to whether an accused must have previously been convicted of two or more criminal offences referred to in Schedule 1 for a conviction on racketeering offences, or whether the commission of one offence will suffice. The offence of racketeering does not only consist of the commission of an act in itself. The membership or association with a legal or illegal organisation also plays a vital role to determine culpability. This study looks at the possible role (s) that an accused may fulfil when he is involved as a member of an organisation involved with racketeering offences. Another aspect that needs to be clarified is the requirement relating to fault. The element of unlawfulness is also problematic when an accused did not foresee the possibility of unlawfulness of his actions. Close consideration is given to the requirements for culpability and whether mere negligence on the part of a role player is sufficient as a form of mens rea for a successful prosecution or not. The element of unlawfulness is also discussed. Ordinary citizens may raise the issue that they did not know that the commission of two or more offences mentioned in Schedule 1, may lead to the prosecution of a racketeering offence. Therefore, it is crucial to determine whether a role player must have the necessary knowledge of unlawfulness to commit the racketeering offences. The fact that the Act has been introduced in the South African legal system to criminalise racketeering offences does not exclude the scenario that each case must be decided on its own particular set of facts. It is clear from the research presented that there must be one or other link between the accused person, the “enterprise” and the “pattern of racketeering activities” for a successful prosecution on a racketeering offence. This study seeks to provide assistance to legal practitioners when their clients are faced with prosecution on a racketeering offence. The study also discusses the real risk of a possible duplication of convictions. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Procedural Law / unrestricted

M.A. (Psychology) / The overall aim of this study is to evaluate the effect that Human Modelling in a group therapeutic setting, has on the mental health or personal integration of prisoners. The General Systems Theory, principles of Cybernetics and Botes' (1987) integrated model of mental health are used as a meta theoretic point of departure. From the literature study it transpires that it is important to explain and treat the prisoner in totality in order to make treatment more effective. An attempt is thus made to formulate an integrated model for the explanation of the crime phenomenon by virtue of already existing models. Furthermore the personal functioning (intra- and interpersonal) - as index of mental health of the criminal is surveyed. A short comparison is done between the traits of a mentally healthy person (Botes, 1987) and the personal functioning of the criminal or prisoner. From this it appears that the criminal has certain deficiencies in this regard and hence cannot be described as an integrated person once the traits are unbalanced. He thus requires guidance towards a higher degree of personal integration, which should lead to a change in traits and accordingly balance is restored. From the literature study it is evident that treatment of prisoners is to a large extent unsuccessful. The reasons for this are pointed out. Human Modelling in a group therapeutic setting however, has the potential to lead the prisoner towards a higher degree of personal integration, due to it's metaphoric and synthetic nature, and to make treatment more successful. The potential that Human Modelling as a metaphor holds for the therapist and mental health of the prisoner, is pointed out and described...

LL.D. / Please refer to full text to view abstract

This dissertation addresses the developments of child justice in Botswana. The first ever child justice that was established is discussed with the aim to understand the influence it had on Botswana with regard to the nature of the proceedings and the founding principles of child justice and its application in the courts. International Conventions that have a bearing on the rights of children in Botswana, such as the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the United Nations Guidelines for the Prevention of Juvenile Delinquency and the African Charter on the Rights and Welfare of the Child are discussed. The measures that are currently in place for the protection of children who are in conflict with the law are examined with particular emphasis on those children that are arrested and detained. A comparison is drawn between the Children’s Act CAP [28:04] OF 1981, the Children’s Act 8 of 2009 and the South African Child Justice Act 75 of 2008 and the differences between the systems are highlighted. The provisions of the 2009 Act pertaining to children in conflict with the law are discussed in depth and shortfalls of the 2009 Children’s Act are identified. Diversion, as a form of correctional action, is discussed in light of international conventions. The provisions regarding the diversion of child offenders in the Child Justice Act are interrogated. Trial procedures under the 2009 Children’s Act are discussed and compared to those in South Africa including measures in place for the sentencing child offenders in both Botswana and South Africa. After an analysis of the international conventions, legislation and case law, the conclusion is reached that there is a commitment in Botswana towards the protectionand realization of children’s rights especially those who are in conflict with the law. It is recommended in the conclusions that Botswana import some provisions of the Child Justice Act into domestic legislation in order to comprehensively address the plight of children in trouble with the law so as to strive towards maximum compliance with conventions that Botswana has signed.

This thesis involves a dual consideration of the applicability of prediction and follow-up studies to the New Haven Open Borstal program and the adequacy of officially recorded data for the execution of such studies. Follow-up studies would indicate the rate of successful rehabilitation obtained from the New Haven program. The development of prediction tables would facilitate the granting of parole on a more rational basis and would also provide a working prognosis for supervision on parole. An historical, survey of selected American and European prediction and follow-up studies was conducted to indicate their methodology, their increasing utility, and their applicability to the Borstal program in British Columbia, The information available within the files of New Haven and other related agencies was evaluated in order to determine its adequacy for prediction and follow-up studies. Data relating to criminality, vocational and economic status, family relationships, leisure time pursuits, and mental and physical health were considered in relation to the pre-institutional, institutional, parole and post-parole periods. The findings indicated that, while prediction and follow-up studies axe desirable within the New Haven setting, the available data may only be adequate for a specific and limited type of prediction study. The available data would have to be supplemented by information obtained directly from the ex-inmate if more comprehensive studies are to be conducted. A research unit that is an integral part of the correctional system and possesses an intimate knowledge of the total program could best execute these and other prospective studies. Through the initiation of prediction and follow-up studies, New Haven can best maintain its position in the vanguard of penal progress in British Columbia. / Arts, Faculty of / Social Work, School of / Graduate