The common law right of the accused to be protected against double jeopardy recently acquired constitutional status in South Africa. Although South African courts previously applied this rule in various procedural contexts, there has been very little critical discussion of the values on which the rule is based. Nor have all contexts in which the rule should be applied been recognised. In the light of the new constitutional dispensation, it has become necessary to identify and analyse the values which determine the application of the rule. This thesis addresses the treatment of various aspects of double jeopardy in other constitutionally·grounded jurisdictions. Double jeopardy jurisprudence in the jurisdictions of England, Canada, India, Germany and the federal system of the United States of America is considered on a comparative basis. The historical origin and development of the rule are considered first. This is followed by an assessment of the current application of the rule in the various jurisdictions. The study demonstrates that South African courts have relied largely on outdated principles derived from English common law, rather than applying the rule by focusing on the values that underlie the rule. This approach has become unacceptable in the new constitutional dispensation, inter alia, because a teleological, value·orientated interpretative approach has been adopted by the Constitutional Court. This thesis indicates which of the principles that developed in foreign constitutional double jeopardy jurisprudence may be of value in developing an appropriate body of South African constitutional double jeopardy principles. Proposals are made for future implementation of the rule in various procedural contexts. These suggestions include constitutional interpretation, legislative amendment and re·evaluation of various common law principles of criminal procedure / Criminal & Procedural Law / LL.D. (Criminal & Procedural Law)

The common law right of the accused to be protected against double jeopardy recently acquired constitutional status in South Africa. Although South African courts previously applied this rule in various procedural contexts, there has been very little critical discussion of the values on which the rule is based. Nor have all contexts in which the rule should be applied been recognised. In the light of the new constitutional dispensation, it has become necessary to identify and analyse the values which determine the application of the rule. This thesis addresses the treatment of various aspects of double jeopardy in other constitutionally·grounded jurisdictions. Double jeopardy jurisprudence in the jurisdictions of England, Canada, India, Germany and the federal system of the United States of America is considered on a comparative basis. The historical origin and development of the rule are considered first. This is followed by an assessment of the current application of the rule in the various jurisdictions. The study demonstrates that South African courts have relied largely on outdated principles derived from English common law, rather than applying the rule by focusing on the values that underlie the rule. This approach has become unacceptable in the new constitutional dispensation, inter alia, because a teleological, value·orientated interpretative approach has been adopted by the Constitutional Court. This thesis indicates which of the principles that developed in foreign constitutional double jeopardy jurisprudence may be of value in developing an appropriate body of South African constitutional double jeopardy principles. Proposals are made for future implementation of the rule in various procedural contexts. These suggestions include constitutional interpretation, legislative amendment and re·evaluation of various common law principles of criminal procedure / Criminal and Procedural Law / LL.D. (Criminal & Procedural Law)

No description available.

No description available.

Thesis (LLM. (Labour Law)) --University of Limpopo, 2014 / This research focuses on the application of the double jeopardy principle in labour law, section 188(1)(a (b) of the Labour Relations Act 66 of 1995, (herein the LRA) which provides that the dismissal is unfair if the employer fails to prove that the reason for the dismissal is fair and was effected in accordance with a fair procedure. The first point which I would explain is the meaning of double jeopardy and whether it is applicable in labour law. The research articulates that the double jeopardy principle applies to labour law and enumerates ways it can be applied. The South African courts, in particular, the Labour Court and the Labour Appeal Court have delivered several judgements on the double jeopardy principle. These cases will be critically discussed in detail. Comparison will be made with foreign labour law jurisprudence on the double jeopardy principle, particularly in Australia and the United States of America.

Since the end of the 20th century the protection better known to all as double jeopardy has been under attack. With public pressure put on the United Kingdom government to address individuals who had been acquitted of violent crimes, the Labour government implemented a radical overhaul of common law criminal procedural protections. The reform created an exception to double jeopardy, allowing re-prosecution of acquitted individuals. Many of the commonwealth countries starting with Australia took the U.K. exceptions and adopted them into their own criminal justice systems. This paper is going to look at the exception created, and the factors that lead to the bypass of such a critical legal protection throughout the commonwealth nations. Then analyze the current state of double jeopardy in Canada to determine if such and exception is needed; or if any factors from the exception can be adapted to strengthen the Canadian criminal justice system.

Since the end of the 20th century the protection better known to all as double jeopardy has been under attack. With public pressure put on the United Kingdom government to address individuals who had been acquitted of violent crimes, the Labour government implemented a radical overhaul of common law criminal procedural protections. The reform created an exception to double jeopardy, allowing re-prosecution of acquitted individuals. Many of the commonwealth countries starting with Australia took the U.K. exceptions and adopted them into their own criminal justice systems. This paper is going to look at the exception created, and the factors that lead to the bypass of such a critical legal protection throughout the commonwealth nations. Then analyze the current state of double jeopardy in Canada to determine if such and exception is needed; or if any factors from the exception can be adapted to strengthen the Canadian criminal justice system.

A source expansion algorithm automatically extends a given text corpus with related information from large, unstructured sources. While the expanded corpus is not intended for human consumption, it can be leveraged in question answering (QA) and other information retrieval or extraction tasks to find more relevant knowledge and to gather additional evidence for evaluating hypotheses. In this thesis, we propose a novel algorithm that expands a collection of seed documents by (1) retrieving related content from the Web or other large external sources, (2) extracting self-contained text nuggets from the related content, (3) estimating the relevance of the text nuggets with regard to the topics of the seed documents using a statistical model, and (4) compiling new pseudo-documents from nuggets that are relevant and complement existing information. In an intrinsic evaluation on a dataset comprising 1,500 hand-labeled web pages, the most elective statistical relevance model ranked text nuggets by relevance with 81% MAP, compared to 43% when relying on rankings generated by a web search engine, and 75% when using a multi-document summarization algorithm. These differences are statistically significant and result in noticeable gains in search performance in a task-based evaluation on QA datasets. The statistical models use a comprehensive set of features to predict the topicality and quality of text nuggets based on topic models built from seed content, search engine rankings and surface characteristics of the retrieved text. Linear models that evaluate text nuggets individually are compared to a sequential model that estimates their relevance given the surrounding nuggets. The sequential model leverages features derived from text segmentation algorithms to dynamically predict transitions between relevant and irrelevant passages. It slightly outperforms the best linear model while using fewer parameters and requiring less training time. In addition, we demonstrate that active learning reduces the amount of labeled data required to fit a relevance model by two orders of magnitude with little loss in ranking performance. This facilitates the adaptation of the source expansion algorithm to new knowledge domains and applications. Applied to the QA task, the proposed method yields consistent and statistically significant performance gains across different datasets, seed corpora and retrieval strategies. We evaluated the impact of source expansion on search performance and end-to-end accuracy using Watson and the OpenEphyra QA system, and datasets comprising over 6,500 questions from the Jeopardy! quiz show and TREC evaluations. By expanding various seed corpora with web search results, we were able to improve the QA accuracy of Watson from 66% to 71% on regular Jeopardy! questions, from 45% to 51% on Final Jeopardy! questions and from 59% to 64% on TREC factoid questions. We also show that the source expansion approach can be adapted to extract relevant content from locally stored sources without requiring a search engine, and that this method yields similar performance gains. When combined with the approach that uses web search results, Watson's accuracy further increases to 72% on regular Jeopardy! data, 54% on Final Jeopardy! and 67% on TREC questions.

Univ., Diss.--Trier, 2003. / Literaturverz. S. 517 - 551.

No description available.