Since its first use in criminal investigations in 1987, DNA profiling has become the new gold standard for investigations and prosecutions. Academics, politicians and law enforcement officials have presented DNA evidence as a ??scientific hero?? that is capable of solving crimes and preventing miscarriages of justice. However, in spite of this reputation, few studies have explored the impact of this technology on criminal justice practitioners, or on the process of investigating and processing criminal offences. This dissertation provides a comparative study of the use of DNA profiling in two jurisdictions: New South Wales (NSW) in Australia and the Thames Valley in the United Kingdom (UK). Interviews canvassed the perspectives and experiences of police officers, scene of crime officers (SOCOs), forensic scientists, criminal lawyers, and judicial officers from these areas. These interviews were analysed in conjunction with appeal judgments and police statistics to reveal how DNA evidence has been used in the NSW and Thames Valley. The research presented in this dissertation indicates that DNA profiling is having a number of far-reaching effects on both criminal justice systems and is seen as a reliable forensic tool by criminal justice practitioners. Practitioners routinely use DNA evidence throughout the various stages of the criminal justice process and are actively changing their practices to utilise the technology more effectively. One of the main impacts of the introduction of DNA evidence into criminal investigations has been the need to provide substantial resources and infrastructure for the collection, analysis, and storage of samples. Both jurisdictions encountered a number of problems because they provided insufficient resources to effectively use DNA profiling. This study also offers insight into how criminal justice practitioners perceive the dangers of using DNA evidence and how miscarriages of justice can occur. Finally, through an analysis of the combined experiences of criminal justice practitioners, this dissertation challenges the widespread acceptance and routine use of forensic DNA profiling. It further suggests that it is now time to re-consider current practices in relation to how resources are devoted to the technology, and how criminal justice practitioners are using the technology.

Inaugural dissertation--Rostock. / Lebenslauf. "Quellennachweis": p. [5-7].

Thesis (LL. M.)--Judge Advocate General's School, United States Army, 1974. / "April 1974." Typescript. Includes bibliographical references (leaves 82-83). Also issued in microfiche.

Thesis (M. Soc. Sc.)--University of Queensland, 2002. / Includes bibliographical references.

Thesis (M.A.)--Central Connecticut State University, 2003. / Thesis advisor: Charles Mate-Kole. " ... in partial fulfillment of the requirements for the degree of Master of Arts in Psychology." Includes bibliographical references (leaves 39-42). Also available via the World Wide Web.

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This thesis questions the widespread proposition that the civilian standard of proof in civil matters is considerably higher than the corresponding standard in the Common Law. Instead, it is argued here that the "odd differences" in the formulae employed to describe it "are merely a matter of words". / Conceptually, both legal traditions combine the subjective element of a belief in the truth with the objective requirement of warrant for this belief in the evidence presented. The trier's belief that a certain statement is true has to be reasonably inferable from the evidence. In both traditions the standard is not fixed in the sense that it depends on a variety of factors relevant to the specific case, such as whether evidence is amply available, or whether only testimonial evidence can be adduced. / This approach to the standard of proof is also followed by the Principles and Rules for Transnational Civil Procedure developed in 2002 by the American Law Institute (ALI) and UNIDROIT. Their treatment of the standard of proof appears to be a synthesis of the Common and Civil Law approaches.

This study has investigated the emergence of an international criminal justice order from its inception to its current status. It has investigated the emergence of an international criminal justice order by referring to: (1) the early attempts by nations to control the waging of war; (2) the influence and impact of the Nuremberg and Tokyo International Criminal Tribunals; (3) the emergence and rooting of international human rights and humanitarian law in coexistence with international criminal law, particularly since the adoption of the 1949 Geneva Conventions; (4) the influence and impact of the international criminal ad hoc tribunals for the former Yugoslavia and Rwanda; (5) recent attempts by states to exercise universal jurisdiction such as in the Pinochet and Congo cases; (6) the establishment of the International Criminal Court and numerous aspects of international criminal law that have been established by the Rome Treaty creating the Court; (7) the obstacles that are faced by the court; (8) other transitional justice mechanisms in an ongoing attempt to provide accountability and redress where serious infringements of international human rights and humanitarian law have occurred; and (9) a South African perspective of the past and current status of international law in domestic law. It has established that although the sovereignty and equality of states remains a cornerstone of international law, inroads have been made into the doctrine of absolute state sovereignty to the extent that it is now universally recognised that certain crimes are so reprehensible in their nature, that they warrant prosecution wherever they are committed, no matter by whom they are committed. It has further established that international criminal law and justice did not evolve overnight and most of its current status is ascribable to unfortunate and indescribable human suffering. It has provided a historical perspective of the early attempts to regulate the waging of war, and showed the impact of the International Military Tribunal at Nuremberg and Tokyo, most significantly establishing individual accountability as opposed to only state accountability. The latter development led to an introduction, resurgence and development of human rights and particularly humanitarian law subsequent to World War II, to the extent that the destiny of international criminal law is unavoidably interwoven with the former two branches of international law. It proceeded to record and demonstrate the impact on international law generally and international criminal law in particular, with the establishment of the ICTY and the ICTR. It has demonstrated that the establishment of these two ad hoc tribunals provided impetus to renewed calls for the establishment of a permanent International Criminal Court and has greatly contributed to the recording and further development of international criminal law. Lastly, it has provided much impetus for states to exercise universal jurisdiction over prosecution of core crimes. The latter impetus provided the background to a chapter in this work indicating positive steps by states to exercise universal jurisdiction. It proceeded to provide the historical background for the eventual establishment of the International Criminal Court and concurrently demonstrated its impact on the development of an international order of justice. The research provided a brief analysis of transitional justice models in recent times, contributing to an analysis of what lessons may be learned from these attempts of various transitional societies. It then proceeded to provide a South African perspective, particularly the evolution of the status of international law in South African domestic law. The thesis concluded that the need for a consistent international criminal justice order is validated and although the international community is continually shocked by ongoing atrocities around the globe, significant progress has been made in recent decades to extend the international rule of law.

The issue of human rights violations in criminal investigation emerges as one of the much debated subjects amongst academics since the inception of the idea of the fundamental human rights all over the world. Human rights remain a center pillar and a pivot around which criminal justice system revolves. In Lesotho, for example, the question of human rights has been critical in the light of the fact that, since independence on the 4th of October 1966, there was never a real and tangible instrument which guaranteed human rights. The 1966 Constitution which contained entrenched Bill of Rights was suspended in 1970. From 1970 until 1993, Lesotho was governed undemocratically. There were no periodic elections as prescribed by the 1966 Constitution. The 1970 interim authority introduced orders which administered the country. Around that time, besides interim orders, the country was governed through military dictates, 90 days detention without trial and state of emergency laws and regulations. Citizens were arrested, searched and charged arbitrarily by the governments of the day. The study, firstly, commences with a thorough investigation of the violation of the fundamental human rights. It gives a historical background of Lesotho political landscape, legal system, Lesotho mounted police service evolution, and practical human rights violations. The study, secondly, draws a comparative scenario between Lesotho, the Republic of South Africa, the United States of America and the United Kingdom as far as human rights violations are concerned. The question of police use of force, whether deadly or moderate, while conducting arrest, search or seizure, has been thoroughly investigated and discussed. Human rights material, documents and instruments internationally or locally have been identified, analyzed and discussed. Based on the findings of the research, lessons and recommendations for Lesotho have been drawn. The study argues that generally speaking, there are no adequate control mechanisms put in place to regulate police powers in Lesotho compared to other jurisdictions. It further argues that, some jurisdictions, such as the United Kingdom, the Republic of South Africa and the United States of America have some advanced police intervention programmes aimed at improving and constantly checking police work. The Republic of South Africa in particular, has moved away from the apartheid past tendencies and legacy which saw the police use repressive means in dealing with the public unrest. For example, the principle of Parliamentary Sovereignty encouraged them to abuse their power as illustrated in the decision of Sachs v Minister of Justice1 where the Judge had this to say: âArguments are sometimes advanced which do seem to me to ignore the plain principle that Parliament may make any encroachment it chooses upon life, liberty and property of any individual subject to its sway, and that it is the function of the courts of law to enforce (Parliamentâs will).â However, this scenario changed with the introduction of the interim Constitution of 1993 which ushered in a democratic majority rule in 1994. The introduction of the 1993 interim Constitution brought with it a Constitutional State founded on the supremacy of the Constitution and the rule of law as opposed to a long practiced Parliamentary rule.2

This thesis analyses legal issues related to evidence and contract laws in the context of electronic commerce. Electronic commerce raises a number of legal problems such as the need for authentication, liabilities, whether electronic records are admissible as evidence and whether electronic transmissions are considered writing where writing is required. Many legal systems have faced or will face some questions, such as whether electronic evidence is inadmissible only in the ground of being created or stored electronically? Should the law of evidence be reformed in order to meet the new technologies? It is questionable whether electronic communications and records can or should meet the legal requirements of "writing" and "signature". Do electronic and digital signatures satisfy the legal requirements? It has been argued that it is not logical and reasonable to apply legal requirements that have been constituted in the ground of paper-based communication on electronic communication. Electronic contracts raise some legal issues, including whether the contract must be in a particular form or authenticated; when the message is sent and received; whether it is received in the same form as it is sent; validity, time and place of communication; cross-offers and battle of forms issues. All these issues are considered from UK common law point of view and according to CISG, UNIDROIT Principles, PECL, UNCITRAL Model Laws and the Uniform Commercial Code. Electronic contracts involve consideration whether a computer can properly be used to enter into a contractual relationship, to which existing rules on contract negotiation may need to be developed to suit formation of contracts by means of computer and telecommunications and whether old rules are appropriate today. This study examines other legal problems relating to contracts formed on the Internet, including the use of electronic agents, enforceability of mass-market licences, electronic payments and choice of law and jurisdiction issues.