Made available in DSpace on 2016-03-15T19:34:16Z (GMT). No. of bitstreams: 1 Denis Cortiz Da Silva.pdf: 635637 bytes, checksum: 1a7ebf94d0c52b532e04b77476b20409 (MD5) Previous issue date: 2015-02-10 / This study aims to analyse if whether there are and what are the legal limits of freedom of the press, one of the pillars of democracy, especially in relation to media coverage of criminal news. It will analyze which factors can mitigate this freedom of speech, especially their union with the government, a practice that could endanger the democratic regime itself and the influence that economic power has on the media, which are today very dependent on advertising revenues, whether private, whether public. Also the rights of the defendant, during and after the criminal prosecution, will be studied and how these can be restrictors of the press activities, which must be applied the balancing interests techinical to solve this conflict, according to the circumstances of the case. Finally it will be analyzed some trials which recognize the limitation of media freedom against the fundamental rights of the defendant. / Este estudo visa analisar se existem e quais seriam os limites jurídicos da liberdade de imprensa, um dos pilares do regime democrático, principalmente em relação à cobertura jornalística do noticiário criminal. Serão analisados quais fatores podem mitigar essa liberdade de imprensa, principalmente sua união com o poder público, prática que pode colocar em risco o próprio regime democrático e a influência que o Poder Econômico exerce sobre os meios de comunicação, que atualmente são extremamente dependentes das verbas publicitárias, sejam elas privadas, sejam elas estatais. Também serão estudados os direitos do acusado durante e depois da persecução penal e como estes podem ser limitadores da atuação da imprensa, devendo, de acordo com as circunstâncias do caso concreto, aplicar-se a técnica da ponderação de interesses para solucionar este conflito. Por fim serão analisados alguns julgados em que foi reconhecida a limitação da liberdade de imprensa face os direitos fundamentais dos noticiados.

Empress Livia – Murderer or wrongfully accused? An overview of the ancient sources on the empress Livia and what that suggests that shemurdered her husband Emperor Augustus and his adoptive children to make way for herown son Tiberius as the emperor of Rome.This work will analyze the ancient roman sources by the great historians from that time;Tacitus, Suetonius and Cassius Dio, and their works discussing the murder conspiracy of theempress of Rome; Livia.Here I examine what these ancient sources tell about the possible involvement of Livia, on thedeath of Augustus himself and his adoptive sons. Each author to these ancient sources will beexamined and contextualized according to their contemporary time, but also their political andideological views of women in high position and Ceasarism itself. Their characteristics andstyles of their written account will also be examined.The following issues will be dealt with in this work:  What does the ancient sources of; Tacitus, Suetonius and Cassius Dio say about theconspiracy theory in which empress Livia is central.  What is known about the authors of these ancient sources and to what extant mighttheir political and ideological view affect their written account?  Can the allegations directed at Livia be the result of the fact that she was a highlyinfluential woman at her time, something which the ancient authors by romanstandards saw as unfit for a woman, and therefore is mistreated in the written sources?  If so, were all women with power under the same time and circumstances criticized inthe same way in which Livia is portrayed?  Are there any other aspects that have not been treated equally in the past by authorsand researchers, in which new questionable guidelines can be made? As is very important to point out, this work and essentially all others alike will not evenassume to solve the final question if empress Livias was guilty or not of murdering herhusband, Emperor Augustus and/or his adoptive sons. This work is to be foremost accepted asan appendix of other works regarding the same issue.

<p>Empress Livia – Murderer or wrongfully accused?</p><p>An overview of the ancient sources on the empress Livia and what that suggests that shemurdered her husband Emperor Augustus and his adoptive children to make way for herown son Tiberius as the emperor of Rome.This work will analyze the ancient roman sources by the great historians from that time;Tacitus, Suetonius and Cassius Dio, and their works discussing the murder conspiracy of theempress of Rome; Livia.Here I examine what these ancient sources tell about the possible involvement of Livia, on thedeath of Augustus himself and his adoptive sons. Each author to these ancient sources will beexamined and contextualized according to their contemporary time, but also their political andideological views of women in high position and Ceasarism itself. Their characteristics andstyles of their written account will also be examined.The following issues will be dealt with in this work:</p><p> What does the ancient sources of; Tacitus, Suetonius and Cassius Dio say about theconspiracy theory in which empress Livia is central.</p><p> What is known about the authors of these ancient sources and to what extant mighttheir political and ideological view affect their written account?</p><p> Can the allegations directed at Livia be the result of the fact that she was a highlyinfluential woman at her time, something which the ancient authors by romanstandards saw as unfit for a woman, and therefore is mistreated in the written sources?</p><p> If so, were all women with power under the same time and circumstances criticized inthe same way in which Livia is portrayed?</p><p> Are there any other aspects that have not been treated equally in the past by authorsand researchers, in which new questionable guidelines can be made?</p><p>As is very important to point out, this work and essentially all others alike will not evenassume to solve the final question if empress Livias was guilty or not of murdering herhusband, Emperor Augustus and/or his adoptive sons. This work is to be foremost accepted asan appendix of other works regarding the same issue.</p>

The relationship between gender and bail is an important yet understudied area of research. Studies that have found a relationship between gender and bail generally overlook important differences that shape how men and women enter into crime and the types of conditions imposed on their recognisances. This study utilizes 115 bail cases from the Provincial Courthouse in Kitchener, ON to examine the effect of accused gender on bail outcome. Results show that accused gender did influence decisions to grant or deny bail. While almost all accused persons required a surety and/or bail conditions to be released, the regression analysis suggests that women were more likely to be released compared to men. Based on the deep sample exploratory analysis, gender differences emerged around issues of mental health and drug use. Theoretical and policy implications from this study are discussed as are avenues for future research.

The aim of the research was to study the effect of child sexual abuse on the non–accused parent/guardian's psycho–social functioning. To reach this aim, the following objectives were set: * Objective 1: To establish the non–accused's reaction to disclosure of sexual abuse of their child. * Objective 2: To investigate the extent in which the parent/guardian's psycho–social functioning was influenced by the disclosure of the sexual abuse. * Objective 3: To research the influence the disclosure of the sexual abuse had on the relationship between the child involved and the parent/guardian. * Objective 4: To investigate the outcome of the cases following the disclosure of the sexual abuse and to determine whether actions had been taken against the alleged perpetrators and whether they were at all legally prosecuted. The research was primarily based on in–depth interviews with the non–accused parents from the case loads of a welfare organisation in Randfontein. The results of the research were reported on, based on main themes and sub–themes linked to the four objectives. Regarding theme one (1), it was found that the majority of non–accused parents/guardians reacted exceptionally negatively following the disclosure of the sexual abuse in that they experienced extremely negative emotions. Theme two's (2) information was also obtained through the self–designed questionnaire. The effect of the disclosure on the non–accused parents/guardians' psycho–social functioning was studied. It was found that their psychological, emotional, financial and physical functioning was negatively affected. Theme three's (3) information was also obtained by means of the self–designed questionnaire. The relationship and bond between the child involved and the non–accused parent/guardian was investigated. It was found that the relationships between the children involved and the parents/guardians were negatively affected following the disclosure of the sexual abuse in that they experienced feelings of rejection, anger, anxiety and depression. Theme four's(4) was also obtained via self–designed questionnaires. The outcome of the disclosure was investigated. It was established that the caring situations of the children involved following the disclosure had not been significantly affected. Furthermore, it was found that the non–accused parents/guardians had not taken sufficient legal steps and that the alleged perpetrators had not been legally prosecuted in all the cases. In summary it can be stated that this research has proven that the child's sexual abuse has a negative effect on the psycho–social functioning on the non–accused parent/guardian's functioning. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2011.

The aim of the research was to study the effect of child sexual abuse on the non–accused parent/guardian's psycho–social functioning. To reach this aim, the following objectives were set: * Objective 1: To establish the non–accused's reaction to disclosure of sexual abuse of their child. * Objective 2: To investigate the extent in which the parent/guardian's psycho–social functioning was influenced by the disclosure of the sexual abuse. * Objective 3: To research the influence the disclosure of the sexual abuse had on the relationship between the child involved and the parent/guardian. * Objective 4: To investigate the outcome of the cases following the disclosure of the sexual abuse and to determine whether actions had been taken against the alleged perpetrators and whether they were at all legally prosecuted. The research was primarily based on in–depth interviews with the non–accused parents from the case loads of a welfare organisation in Randfontein. The results of the research were reported on, based on main themes and sub–themes linked to the four objectives. Regarding theme one (1), it was found that the majority of non–accused parents/guardians reacted exceptionally negatively following the disclosure of the sexual abuse in that they experienced extremely negative emotions. Theme two's (2) information was also obtained through the self–designed questionnaire. The effect of the disclosure on the non–accused parents/guardians' psycho–social functioning was studied. It was found that their psychological, emotional, financial and physical functioning was negatively affected. Theme three's (3) information was also obtained by means of the self–designed questionnaire. The relationship and bond between the child involved and the non–accused parent/guardian was investigated. It was found that the relationships between the children involved and the parents/guardians were negatively affected following the disclosure of the sexual abuse in that they experienced feelings of rejection, anger, anxiety and depression. Theme four's(4) was also obtained via self–designed questionnaires. The outcome of the disclosure was investigated. It was established that the caring situations of the children involved following the disclosure had not been significantly affected. Furthermore, it was found that the non–accused parents/guardians had not taken sufficient legal steps and that the alleged perpetrators had not been legally prosecuted in all the cases. In summary it can be stated that this research has proven that the child's sexual abuse has a negative effect on the psycho–social functioning on the non–accused parent/guardian's functioning. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2011.

Le 8 octobre 2014, M. Uhuru Kenyatta le président kényan comparaissait devant les juges de la Cour pénale internationale. Cette comparution était un évènement inédit ; car pour la première fois un chef d’État durant son mandat comparaissait devant cette juridiction ; inculpé depuis le 8 mars 2011, tout comme le vice-président, de crimes contre l’humanité pour son rôle présumé dans les violences qui ont émaillé l’élection présidentielle de 2007. S’il est le premier à se présenter devant les juges de la CPI, il n’est pourtant pas le premier chef d’État poursuivi par cette juridiction. Les présidents soudanais, Omar El-Béchir et le « Guide » libyen avaient reçu des notifications de mandats d’arrêt depuis 2009 pour le premier, et 2011 pour le second.Avant les poursuites de la CPI, seuls des anciens dirigeants avaient comparu devant les TMI de la seconde guerre et les TPI pour le Rwanda et pour l’ex-Yougoslavie qui l’ont précédé. Cette caractéristique commune aux premières poursuites qui n’ont pas épargné non plus les premières enquêtes du Procureur de la CPI ; posait une problématique majeure : celle de l’effectivité de la poursuite des dirigeants en exercice devant les juridictions pénales internationales ; de la Cour pénale internationale en particulier. Les actes de procédures de la CPI contre les dirigeants durant leur mandat viennent répondre en partie à ces préoccupations.Cependant, l’abandon des charges contre le président kenyan par le Procureur le 5 décembre 2014 et plus tard contre son vice-président et les motivations de ces décisions ; mais aussi l’impossibilité pour cette juridiction d’obtenir l’exécution des mandats d’arrêt émis depuis le 4 mars 2009 contre le président soudanais remettent en perspective la problématique de la justiciabilité des chefs d’État en exercice devant la CPI. / On October 8, 2014, Uhuru Kenyatta, the Kenyan President, appeared before the judges of the International Criminal Court. This appearance was an unprecedented event; for the first time a head of state in Office appeared before that jurisdiction; accused since March 8, 2011, like his vice-president, of crimes against humanity for his alleged role in the violence that swept the 2007 presidential election. While being the first to appear before the judges of the ICC, he is not the first head of state prosecuted by this court. Sudanese president Omar El-Bashir and the Libyan "Guide" had received arrest warrants since 2009 for the first, and 2011 for the second.Before these ICC prosecutions, only former leaders had appeared before the IMT of the Second World War and the TPIs for Rwanda and the former Yugoslavia. There is a characteristic common to these first prosecutions, which did not spare either the first investigations of the Prosecutor of the ICC; posed a major problem: that of the effectiveness of the prosecution of leaders in office before international Criminal jurisdictions; and particularly of the International Criminal Court. The ICC's proceedings against leaders during their term of office partially address these concerns.However, the dismissal of charges against the Kenyan President by the Prosecutor on 5 December 2014, and later against his Vice President and the motives for those decisions, but also the impossibility for this jurisdiction to obtain the execution of arrest warrants issued since March 4, 2009 against the Sudanese president put into perspective the issue of the justiciability of the heads of state in office before the ICC.

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Text in English / Every victim wants to see the perpetrator or offender of serious crimes convicted for their criminal actions. Each victim in a case is supported by witnesses and the community in wanting accused persons to be locked away behind bars. Having the accused persons locked away in prison is an achievement of every role player involved in the process of putting that accused where he/she belongs. The ultimate goal of investigation is to see successful bail opposing to ensure the safety of witnesses. There are accused who are released from custody by the court despite many attempts made by an investigator to keep that criminal in custody until trial. Victims and witnesses are struggling to get their offenders punished for the crimes they committed. It is the wish of every investigator of crime to satisfy every complainant in cases but it does not always happen, not because of any lack of skills, but because of many factors which come along with the successful prosecution in a case. Once the accused is released on bail, the chances and hopes of putting him/her back in prison are equal to the chances of getting him/her back in the community for good. This difficulty is caused by the fact that, once the accused is out on bail he/she might evade trial or the docket will be in and out of court for further evidence until the court declines to prosecute. / Criminal and Procedural Law / M.A. (Criminal Justice)

The composite right to meaningful and informed participation in the criminal process comprises the right to information, the right to understand, the right to be prepared, the right to be present, the right to confrontation and the right to present one&#8217;s case. The sub-rights are not of an overarching nature such as the right to legal representation and the right of access to the law. The various rights are grouped together because they show some connection with the ability of the suspect or the accused to participate in the criminal proceedings as a legal subject, and not as an object of the proceedings as in primitive times. These rights ensure that the accused will not participate in the criminal process from an unfavourable position. The heading &#8223;meaningful and informed participation&#8221; is therefore a collective term for these rights. These sub-rights form part of the comprehensive right to a fair trial. The thesis examines aspects of the position of the accused in South Africa and in foreign jurisdictions such as the United States of America, Canada, New Zealand, Australia, Germany, the United Kingdom and Islamic systems. International instruments such as the European Convention for the Protection of Human Rights and decisions of the United Nations Human Rights Committee are also considered. The thesis first considers the historical perspective of the accused in primitive times when he was regarded as an object of the criminal proceedings, to the present time when he is regarded as a subject of the proceedings. The study on foreign jurisdictions reveals that for the most part, our law is in line with the law of other countries. The study also demonstrates that the various rights are not absolute. In exceptional circumstances, some diminution of the accused&#8217;s rights is necessary to protect the interests of society. Nevertheless, the courts should act cautiously and not allow the exceptions to overtake the rule. The judiciary should strive to find a better balance between the constitutional rights of the accused and the interests of society. To this end, the judicial system must be objective yet vigilant. / Criminal & Procedural Law / LL.D.