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The ascertainment of bodily features of the accused person in terms of the Criminal Procedure Act 51 of 1977 and related enactments and problems encountered by the police in the application of the ActRamatsoele, Pitso Petrus 22 October 2014 (has links)
The State as the representative of the victims of crime is expected to protect those vulnarable group of people with due regard to the rights of the perpetrators’s of crime. It is imperative that the law of general application which is aimed at protecting victims of crime, be sufficiently effective to protect the victims. The Criminal Procedure Act 51 of 1977 is aimed at assisting the police to conduct pre-trial criminal procedure in order to bring perpetrators of crime to book. Sections 36A, 36B, 36C and 37 (both previous and as amended) of the Criminal Procedure Act including chapter 5A of the South African Police Act, 1995 are explored in this dissertation.
This dissertation examines the areas in the Criminal Procedure Act that make it problematic for the police to conduct efficient and effective crime detection through the ascertainment of bodily features of the suspected or accused person. The law in three foreign jurisdictions relating to this topic are investigated and compared in order to make recommendations and suggest possible solutions. / Criminal & Procedural Law / LL.M.
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A critical analysis of the procedures followed in child rape cases in Mpumalanga ProvinceBoodhoo, Vinesh 02 1900 (has links)
This study reflects a critical analysis of the procedures followed in child rape cases in
Mpumalanga Province and in the process to enhance investigative capabilities with sound detective development.
Empirical research was conducted with a literature review, docket analysis and interviews as methods to obtain information where the following important aspects were addressed: an overview of the field of forensic investigation, the shortcomings with regard to child rape investigations and correct procedures for conducting child rape investigations formulated.
The study found that generally rape cases were not properly investigated, correct procedures were not followed (biological/physical evidence was not readily identified nor correctly handled) and applicable directives pertaining to child rape investigations not complied with. Investigators had a narrow understanding of the concept forensic investigation. In child rape investigations it would be of more evidential value and reliable to collect physical evidence such as blood, semen, vaginal fluids and saliva as the child’s testimony at court might not be reliable, particularly when subjected to cross examination. Rape is both a contact crime as well as a psychologically motivated crime and both aspects of the trauma needs attention during the investigation process.
Crimes against women and children are also a national concern, thus making child rape a priority crime for the South African Police Service. For any successful prosecution it is necessary that policy and correct procedures are not compromised but rather strictly adhered to.
The Locard Principle in relation to physical evidence such as body fluids at the crime scene needs to be focussed on during the investigation process. The research suggests that the current standing operating procedures be amended to include the critical aspects of child rape investigation such as processing of the crime scene, the search for biological evidence as well as the packaging and preservation of biological evidence. / Police Practice / M. Tech. (Forensic Investigation)
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The significance of efficient murder crime scene processingJobela, Nobafundi Kindness 03 1900 (has links)
This study sought to explore the significance of efficient murder crime scene processing. Data were collected through semi-structured interviews conducted with investigators who investigate murder cases in the Nyanga South African Police Service (SAPS) cluster in the Western Cape, to stimulate knowledge of the significance of efficient murder scene processing. A literature study relating to aspects of crime scene management and crime scene processing was conducted. From the results of this research, it appears that participants did realise the significance of efficient murder scene processing. It is, however, apparent that they experienced challenges and shortcomings with regard to efficiently processing murder scenes. Reasons for this are inexperienced investigators, overload of murder scenes to investigate, lack of human resources, and lack of cooperation between investigators and crime scene experts. The study makes recommendations that could assist the Nyanga SAPS cluster in improving the processing of murder scenes. / Police Practice / M. Tech. (Forensic Investigation)
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An evaluation of the management of deoxyrinucleic acid (DNA) evidence / An evaluation of the management of deoxyribonucleic acid (DNA) evidenceDywaba, Zukiswa Morencia 09 1900 (has links)
DNA is identified as a powerful tool in the solving of rape cases, but it is often destroyed either by members of the public or the police officials who attend to the scene.
The aim of the study was to evaluate the management of DNA evidence in rape cases in the Bishop Lavis Policing Area. To address the research topic under investigation, research questions, a legal framework and policies were used.
The outcome of the study indicated poor performance in securing the crime scene and ensuring that physical evidence is preserved and not tampered with. On this basis, it was recommended that developmental workshops and intensive training on the management of DNA evidence be conducted to all members of the South African Police Service attend to rape crime scenes. This should be done to equip them with knowledge and an understanding of the management of DNA evidence. / Police Practice / M. Tech. (Forensic Investigation)
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Modus operandi as technique in suspect identification in burglary casesBerning, J. M. S. P. 31 August 2008 (has links)
The research attempts to establish how modus operandi can be used to identify
suspects in burglary cases. To conduct effective investigation, it is important
for investigators to be familiar with the concept modus operandi, its elements,
its influence and its values.
To achieve the goals and objectives of the practice of modus operandi,
investigators must know how to apply modus operandi, what the situational
factors are during a criminal act, and how to use it as technique to identify
suspects in burglary cases.
The direction by implication and clarification of the crime situation is hardly
possible without the determination of the identity of the perpetrator or suspect
of a criminal act. The recognition of the modus operandi system as any form of
evidence gathering is of outmost importance. / Criminology and Security Science / M.Tech. (Forensic investigation)
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Evaluation of the role of the first responder at the crime scenePhago, Refilwe Juliet 21 December 2017 (has links)
The aim of this research was to evaluate the role of the first responder at the crime scene, focusing on visible policing members at Ivory Park Police Station situated in Gauteng Province. A qualitative approach was employed in which the multiple data sources of literature, documents (SAPS directives) and structured interviews were compared in an attempt to substantiate the research findings. The interviews were conducted with visible policing members who attended to crime scenes as first responders and with detective branch commanders.
This research discussed a number of key concepts: crime scene, criminal investigation, first responder, Locard’s Principle and physical evidence. It explained that criminal investigation is a logical and systematic process of gathering, locating and collecting evidence and the subsequent apprehension of perpetrators of crime in an attempt to secure a conviction. The objectives of criminal investigation are to detect crime; locate and identify possible offenders; gather, collect and process evidence; arrest offenders; recover stolen property; and bring the perpetrators before court to secure a conviction. The basic purpose of investigation is to prevent crime. Locard’s Principle, also known as the “the contact theory”, is that every contact leaves a trace. This research also suggests the processes that must be followed when crime is reported, the meaning of preliminary investigation, and the basic considerations during preliminary investigation, the main mistakes made by the first responder and the solutions to the identified mistakes. It is imperative that visible policing members familiarise themselves with the purpose of investigation and develop an understanding of the term “Locard’s Principle”, the process that must be followed when crime is reported, the basic considerations in the preliminary investigation of a crime and the main mistakes made by the first responders at the scene of crime, as these carry significant weight in the execution of their daily duties. These must be understood by the first responder as they contribute to the successful investigation and prosecution of offenders. This research hopes to assist in securing convictions and decreasing the number of repeat offenders who commit crimes. / Criminology and Security Science / M.A. (Criminal Justice)
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The effectiveness of detectives in the investigation of housebreaking cases in the Secunda Cluster, Mpumalanga South AfricaMakhaza, Zizamele Ernest 30 July 2018 (has links)
This study seeks to determine the effectiveness of detectives in the investigation of housebreaking cases in the Secunda Cluster. Key theoretical concepts such as criminal investigation, housebreaking, evidence and effectiveness, are defined and explained. The objectives of criminal investigation are discussed in detail. The elements of housebreaking are also explained in detail. The researcher`s findings were that the research questions were answered by all the participants, who had more than adequate knowledge on the concepts, and were sometimes in line with the literature. The researcher noted the problems identified by the participants and came up with some solutions. On the basis of the findings of this research, recommendations are made to have specialised training in the investigation of housebreaking cases. The clarification and application of the various investigation techniques to improve the effectiveness of the investigation of housebreaking cases were also recommended. Investigators should continually receive refresher in-service training on new techniques being used by criminals in committing residential housebreaking cases. / Police Practice / M. Tech. (Forensic Investigation)
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Kartering van selfoontegnologieLochner, Hendrik Thomas 10 1900 (has links)
It is sincerely hoped that this work will motivate other researchers and in particular my colleagues to do further research in the field of cellphone technology, especially how it can be mapped to enable it to be utilised as evidence in our courts.
This research aims to develop the mapping of cellphone technology as an aid in the investigation of crime.
The mapping of cellphone technology refers to how cellphone technology can be utilised in crime investigation and in particular how a criminal can be placed at the scene of a crime, as a result of a cellphone call that was either made or received.
To place the suspect at the scene of a crime as a result of a call made or received, cellphone records and technology of the relevant cellphone company, as well as present computer programmes can be utilised. Shortly, it can be said that a criminal can geographically be placed within a space some where on this earth. / Criminology and Security Science / M.Tech. (Forensic Investigation)
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The ascertainment of bodily features of the accused person in terms of the Criminal Procedure Act 51 of 1977 and related enactments and problems encountered by the police in the application of the ActRamatsoele, Pitso Petrus 22 October 2014 (has links)
The State as the representative of the victims of crime is expected to protect those vulnarable group of people with due regard to the rights of the perpetrators’s of crime. It is imperative that the law of general application which is aimed at protecting victims of crime, be sufficiently effective to protect the victims. The Criminal Procedure Act 51 of 1977 is aimed at assisting the police to conduct pre-trial criminal procedure in order to bring perpetrators of crime to book. Sections 36A, 36B, 36C and 37 (both previous and as amended) of the Criminal Procedure Act including chapter 5A of the South African Police Act, 1995 are explored in this dissertation.
This dissertation examines the areas in the Criminal Procedure Act that make it problematic for the police to conduct efficient and effective crime detection through the ascertainment of bodily features of the suspected or accused person. The law in three foreign jurisdictions relating to this topic are investigated and compared in order to make recommendations and suggest possible solutions. / Criminal and Procedural Law / LL.M.
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A critical analysis of the procedures followed in child rape cases in Mpumalanga ProvinceBoodhoo, Vinesh 02 1900 (has links)
This study reflects a critical analysis of the procedures followed in child rape cases in
Mpumalanga Province and in the process to enhance investigative capabilities with sound detective development.
Empirical research was conducted with a literature review, docket analysis and interviews as methods to obtain information where the following important aspects were addressed: an overview of the field of forensic investigation, the shortcomings with regard to child rape investigations and correct procedures for conducting child rape investigations formulated.
The study found that generally rape cases were not properly investigated, correct procedures were not followed (biological/physical evidence was not readily identified nor correctly handled) and applicable directives pertaining to child rape investigations not complied with. Investigators had a narrow understanding of the concept forensic investigation. In child rape investigations it would be of more evidential value and reliable to collect physical evidence such as blood, semen, vaginal fluids and saliva as the child’s testimony at court might not be reliable, particularly when subjected to cross examination. Rape is both a contact crime as well as a psychologically motivated crime and both aspects of the trauma needs attention during the investigation process.
Crimes against women and children are also a national concern, thus making child rape a priority crime for the South African Police Service. For any successful prosecution it is necessary that policy and correct procedures are not compromised but rather strictly adhered to.
The Locard Principle in relation to physical evidence such as body fluids at the crime scene needs to be focussed on during the investigation process. The research suggests that the current standing operating procedures be amended to include the critical aspects of child rape investigation such as processing of the crime scene, the search for biological evidence as well as the packaging and preservation of biological evidence. / Police Practice / M. Tech. (Forensic Investigation)
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