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41	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 Act Ramatsoele, 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. Ascertainment Bodily features Accused person Criminal Procedure Act 51 of 1977 Related enactments Problems Police Application of the Act 345.522068 Criminal procedure -- South Africa Searches and seizures -- South Africa Criminal investigation -- South Africa Evidence, Criminal -- South Africa Police -- South Africa Law enforcement -- South Africa
42	The impact and constitutionality of delayed trials on the rights of a suspect or accused person during criminal proceedings Gopaul, Arusha 02 1900 (has links) The Constitution of the Republic of South Africa guarantees every person a fair trial; the right to a fair trial right trial must begin and conclude within a reasonable time and without undue delay. Internationally the same guarantees and protections are available to unconvicted suspects. However, the South African criminal justice system lacks behind internationally and falls short of promoting these guarantees. Investigation was done on delays in commencing and finalising trials in light of constitutional provisions, the consequence and the impact of the delay with discussion on prison conditions and overcrowding with reference to the Constitutiton, legislation and case law. Delayed trial, prison overcrowding and poor prison conditions are still an issue in South Africa and there needs to be positive change to enforce and practice prescribed directives. South Africa‟s justice system through its servants, need to do more to gain a higher status of having a constitutionally democratic country that fully promotes‟ rights of detainees. / Criminal and Procedural Law / LLM Accused Bail Constitutional rights Detainee Plea bargaining Prison conditions Overcrowding Speedy trial Suspect Unreasonable delay 345.56068 Civil rights -- South Africa Criminal procedure -- South Africa Bail -- South Africa Plea bargaining -- South Africa Prisons -- Overcrowding -- South Africa Speedy trial -- South Africa
43	L'aveu dans les traditions occidentales accusatoire et inquisitoire : une brève histoire de l'aveu en droit pénal Stylios, Alexandre 07 1900 (has links) Cette thèse trace l’évolution de l’aveu dans les traditions pénales accusatoire et inquisitoire dans le cadre d’une démarche historique allant de l’antiquité à nos jours. Elle révèle que l’aveu a toujours constitué le point de tension des enjeux de vérité et de justice de la procédure pénale et explique comment l’aveu, influencé et transformé par la religion, est devenu un moyen de preuve indépendant dans les traditions accusatoire et inquisitoire en tant que récit de vérité permettant certes d’identifier le coupable mais aussi de l’analyser. / This thesis analyses confession in Western legal traditions through a historical approach starting in antiquity. Through the study of English, French and Canadian law, it shows how the suspect’s statements have been apprehend by the accusatorial and inquisitorial systems of criminal justice, revealing that confession has always constituted and still constitutes to this day the cornerstone of truth and justice in criminal procedure. It also explains how confession, influenced and transformed by religion, has become an independent means of proof in both systems as a way to both identify and understand the guilty. Accusatoire Accusé Angleterre Aveu Confession Common law Crime Culpabilité Droit Droit comparé États-Unis France Inquisitoire Histoire Justice Peine Pénal Pénitent Pénitence Pouvoir Preuve Procédure Véridiction Vérité Torture Tradition Accused Adversary Coercion Comparative law Criminel England Evidence History Inquisitory Justice Law Penant Penance Procedure Power Sentence Truth United States
44	La constitutionnalité du par. 515(6) du Code criminel et d’autres sujets touchant la libération provisoire au Canada Chenette, Mathieu 07 1900 (has links) No description available. Droit criminel – Canada Droit constitutionnel – Canada Enquête sur cautionnement Pratique judiciaire Mise en liberté provisoire Détention provisoire Procédure pénale Conditions de libération Accusé autochtone Gladue Criminal law – Canada Constitutional law – Canada Bail hearing Judicial interim release Conditions of release Pre-trial detention Practices and procedures Charter of rights Aboriginal accused
45	Guidelines in supporting the sexually abused adolescent who testifies in court Fourie, Christine 30 November 2007 (has links) The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court. The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court. The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court. / Social work / M.Diac. (Play therapy) Adolescent Testify Prosecutor Defence attorney Victim Court In camera Court preparation Sexual abuse Accused Perpetrator Accusatorial system Guidelines Criminal justice system 362.7680968 Child sexual abuse -- South Africa Adolescent psychotherapy -- South Africa Children's rights -- South Africa
46	Guidelines in supporting the sexually abused adolescent who testifies in court Fourie, Christine 30 November 2007 (has links) The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court. The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court. The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court. / Social work / M.Diac. (Play therapy) Adolescent Testify Prosecutor Defence attorney Victim Court In camera Court preparation Sexual abuse Accused Perpetrator Accusatorial system Guidelines Criminal justice system 362.7680968 Child sexual abuse -- South Africa Adolescent psychotherapy -- South Africa Children's rights -- South Africa

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