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Herevaluering van polisiebevoegdhede tot visentering en beslaglegging vervat in die Strafproseswet 51 van 1977Meyer, Pieter William 11 1900 (has links)
Text in Afrikaans / "Free people expect much from their police. In such societies
the police stand at the point of balance on the one hand securing
human rights on the other exercising their lawful powers given
to them by Governments in the name of the people, to protect
people and their institutions" (J Alderson Human Rights and
Police Rights. Publication of the Council of Europe.)
This is no small expectation. It means that the police are
expected to maintain and secure the principles of democracy and
human rights, the principles upon which our Constitution is
based. At the same time it is the duty of a police service to
maintain law and order which sometimes require the exercise of
power and the use of force which on the face of it may appear to
violate human dignity and certain rights and freedoms which a
police force is expected to maintain in a democratic society.
The manner of exercising that power has an impact on the
credibility and effectiveness of the police. Human rights law
internationally accepts that a police service needs to be given
the power to, at times restrict certain individual freedoms in
the interests of the security of the community at large. These
restrictions may take place only in a constitutional way. If it
takes place in an unconstitutional way the courts must have the
right to exclude evidence which is unconstitutionally obtained.
At this stage the courts have to formulate such a qualified
exclusionary rule, but the ultimate goal must be to include such
an exclusionary rule in a future Constitution. / Department of Criminal & Procedural Law / LL.M.
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Herevaluering van polisiebevoegdhede tot visentering en beslaglegging vervat in die Strafproseswet 51 van 1977Meyer, Pieter William 11 1900 (has links)
Text in Afrikaans / "Free people expect much from their police. In such societies
the police stand at the point of balance on the one hand securing
human rights on the other exercising their lawful powers given
to them by Governments in the name of the people, to protect
people and their institutions" (J Alderson Human Rights and
Police Rights. Publication of the Council of Europe.)
This is no small expectation. It means that the police are
expected to maintain and secure the principles of democracy and
human rights, the principles upon which our Constitution is
based. At the same time it is the duty of a police service to
maintain law and order which sometimes require the exercise of
power and the use of force which on the face of it may appear to
violate human dignity and certain rights and freedoms which a
police force is expected to maintain in a democratic society.
The manner of exercising that power has an impact on the
credibility and effectiveness of the police. Human rights law
internationally accepts that a police service needs to be given
the power to, at times restrict certain individual freedoms in
the interests of the security of the community at large. These
restrictions may take place only in a constitutional way. If it
takes place in an unconstitutional way the courts must have the
right to exclude evidence which is unconstitutionally obtained.
At this stage the courts have to formulate such a qualified
exclusionary rule, but the ultimate goal must be to include such
an exclusionary rule in a future Constitution. / Department of Criminal and Procedural Law / LL.M.
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The admissibility and evaluation of scientific evidence in courtFaurie, Annari 11 1900 (has links)
Increasing use is being made of various types of scientific evidence in court. The
general requirement for the admissibility of such evidence is relevance. Although
expert evidence is considered to be opinion evidence, it is admissible if it can assist the
court to decide a fact in issue; provided that it is also reliable. In South Africa, the
initial wide judicial discretion to either admit or exclude unconstitutionally obtained
evidence, has developed into a more narrowly defined discretion under the final
Constitution. Examples of scientific evidence, namely, DNA evidence, fingerprints,
psychiatric evidence, bite-mark evidence and polygraph evidence are considered and
problems inherent in the presentation of such evidence in courts in various jurisdictions
are highlighted. An investigation of the presentation and evaluation of evidence in
both the accusatorial and inquisitorial systems seems to indicate that the adversarial
procedure has a marked influence on the evaluation of evidence / Criminal & Procedural Law / LL.M. (Law)
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The admissibility and evaluation of scientific evidence in courtFaurie, Annari 11 1900 (has links)
Increasing use is being made of various types of scientific evidence in court. The
general requirement for the admissibility of such evidence is relevance. Although
expert evidence is considered to be opinion evidence, it is admissible if it can assist the
court to decide a fact in issue; provided that it is also reliable. In South Africa, the
initial wide judicial discretion to either admit or exclude unconstitutionally obtained
evidence, has developed into a more narrowly defined discretion under the final
Constitution. Examples of scientific evidence, namely, DNA evidence, fingerprints,
psychiatric evidence, bite-mark evidence and polygraph evidence are considered and
problems inherent in the presentation of such evidence in courts in various jurisdictions
are highlighted. An investigation of the presentation and evaluation of evidence in
both the accusatorial and inquisitorial systems seems to indicate that the adversarial
procedure has a marked influence on the evaluation of evidence / Criminal and Procedural Law / LL.M. (Law)
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