The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice. It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel is not competent, there is a risk that counsel�s acts or omissions may cause or contribute to a miscarriage of justice. The Crimes Act 1961 allows an accused to appeal against their conviction on the basis that they have been the subject of a miscarriage of justice through the conduct of their counsel. The thesis analyses the Supreme Court decision of R v Sungsuwan that sets out the test that an appellate court must consider when deciding to allow an appeal based on the conduct of counsel. The thesis examines 239 Court of Appeal decisions between 1996 and 2007 that have considered appeals from jury trials where at least one of the grounds of appeal was that defence counsel caused or contributed to a miscarriage of justice. The thesis notes the increasing trend to use "conduct of counsel" as a ground of appeal. In 1996 there were 4 appeals; in 2006 there were 43 such appeals and in 2007 there were 29 appeals. During the period under review the Court of Appeal allowed the appeal and specifically held that counsel�s conduct, either alone or in combination with other grounds, caused or contributed to a miscarriage of justice in 41 cases. The thesis analyses the common complaints made by an accused against trial counsel and the common areas where the Court of Appeal upheld complaints against counsel. The thesis takes into account the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyer: Conduct and Client Care) Rules 2008 that came into existence on 1 August 2008. The new legislation places particular emphasis on the obligations of counsel to uphold the rule of law and to facilitate the administration of justice in New Zealand. Counsel also has an obligation to protect the interests of their clients. The thesis concludes that the plethora of cases coming before the Court of Appeal, and the number of appeals allowed by the Court, demonstrate defence counsel do not always protect the interests of their clients and can cause or contribute to a miscarriage of justice. The thesis makes a number of recommendations that may reduce the risk of both an accused appealing on the basis on the conduct of counsel and an appeal being allowed on the basis of the conduct of counsel. In particular, it is suggested that there should be greater degree of co-operation between the New Zealand Law Society and the Legal Services Agency to ensure the maintenance of high standards among criminal defence lawyers.

This study examined three perspectives on ethical dimensions of South African professional psychology. These perspectives were derived from three data sets. The first data set comprised a series of public complaints against psychologists; the second a series of ethical dilemmas reported by psychologists themselves, and the third comprised a study of the training of South African psychologists in professional ethics. Clear patterns emerged in the analysis of each data set, and efforts were made to integrate the findings. Psychologists in particular registration categories, trained at particular universities and working in particular practice contexts were disproportionately more likely to attract complaints. Similarly, patterns of dilemmas experienced by psychologists also emerged. Comparison of complaints with dilemmas suggested that there were significant differences and some similarities in the ethical issues and contexts associated with public complaints and psychologists' own ethical dilemmas. The study of ethics training suggested general dissatisfaction with the relevance and quantity of ethics training nationally. The main findings were integrated to make recommendations for improving the ethics training of South African psychologists. The limitations of the data are described, along with suggestions for future research to examine in greater depth and specificity several dominant patterns described by the present study. / Thesis (Ph.D.)-University of Natal, Pietermaritzburg, 2002.

The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice. It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel is not competent, there is a risk that counsel�s acts or omissions may cause or contribute to a miscarriage of justice. The Crimes Act 1961 allows an accused to appeal against their conviction on the basis that they have been the subject of a miscarriage of justice through the conduct of their counsel. The thesis analyses the Supreme Court decision of R v Sungsuwan that sets out the test that an appellate court must consider when deciding to allow an appeal based on the conduct of counsel. The thesis examines 239 Court of Appeal decisions between 1996 and 2007 that have considered appeals from jury trials where at least one of the grounds of appeal was that defence counsel caused or contributed to a miscarriage of justice. The thesis notes the increasing trend to use "conduct of counsel" as a ground of appeal. In 1996 there were 4 appeals; in 2006 there were 43 such appeals and in 2007 there were 29 appeals. During the period under review the Court of Appeal allowed the appeal and specifically held that counsel�s conduct, either alone or in combination with other grounds, caused or contributed to a miscarriage of justice in 41 cases. The thesis analyses the common complaints made by an accused against trial counsel and the common areas where the Court of Appeal upheld complaints against counsel. The thesis takes into account the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyer: Conduct and Client Care) Rules 2008 that came into existence on 1 August 2008. The new legislation places particular emphasis on the obligations of counsel to uphold the rule of law and to facilitate the administration of justice in New Zealand. Counsel also has an obligation to protect the interests of their clients. The thesis concludes that the plethora of cases coming before the Court of Appeal, and the number of appeals allowed by the Court, demonstrate defence counsel do not always protect the interests of their clients and can cause or contribute to a miscarriage of justice. The thesis makes a number of recommendations that may reduce the risk of both an accused appealing on the basis on the conduct of counsel and an appeal being allowed on the basis of the conduct of counsel. In particular, it is suggested that there should be greater degree of co-operation between the New Zealand Law Society and the Legal Services Agency to ensure the maintenance of high standards among criminal defence lawyers.

The focal point of this treatise is the procedural requirements relating to suspensions. For a suspension to be fair it must be for a fair reason and in accordance with a fair procedure which is commonly referred to as substantive and procedural fairness. The Labour Relations Act 66 of 1995 does not tell or provide guidance in terms of what these procedural requirements for a suspension are. The Act is completely silent on this matter. The Act only requires that any disciplinary measure instituted against an employee must be done in terms of a fair procedure. Suspensions have been described by our courts as the employment equivalent of arrest. It is normally used as a preventative measure pending internal disciplinary investigations or as a disciplinary sanction for an employee who repeatedly engages in misconduct. This treatise highlights the impact of arbitrary suspension of employees and suspensions of employees for inordinate periods of time. Suspensions are not intended for purposes of punishment. The Labour Court has on numerous decisions cautioned employers on issues of unfair suspension because of its detrimental impact on the employee’s reputation, advancement, job security and other grounds. Situations have often arisen where an employer suspends an employee without following any procedure. This practice was particularly prevalent under the common law and before the judgment in Mogothle v the Premier of the Northwest Province and Another when employers were suspending employees as they saw fit. Following the principles in this case, bearing in mind that each case is judged on its own merits and the detrimental effect of a suspension. A suspension should only be warranted in circumstances where: The employer has a justifiable reason to believe prima facie at least that the employee has engaged in serious misconduct; There is some objectively justifiable reason to deny the employee access to the workplace based on the integrity of any pending investigation into the alleged misconduct or some other relevant factor that would place the investigation or the interest of affected parties in jeopardy. The employee is given the opportunity to state a case or to be heard before any final decision to suspend is made. Although the right to be heard is not a formally defined process, case law has developed this concept to such an extent that it will be regarded as unfair labour practice if not adhered to. A suspension of an employee can therefore never be justified without adhering to the audi alteram partem principle. This does not mean that an employer cannot suspend an employee. Our courts accept that suspension is necessary especially for purposes of good administration and is justified, following the correct procedure and where the employer continues to pay the employee. Despite the fact that the courts are playing a more active role with regards to the issue of suspensions, suspensions are often open to abuse. In this regard the treatise focused on the notion of special leave versus suspensions. We note how in the last few years, employers especially those in the public service sector, misconstrued and misused their power for a purpose not authorised in law, and continue to do so despite applications to the courts alerting it to the illegality of this practice. Employers are resorting to special leave with the aim of side stepping the procedural requirements laid down by our courts in respect of section 182 (2) of the Labour Relations Act. In this regard the courts vehemently criticised this practice and ensured that employers who are acting maliciously without adhering to their own policies and procedures are held accountable. The court held that in the event where special leave is imposed on an employee for the purposes of discipline, that special leave is regarded as a suspension. Lastly, it is quite evident that the courts are playing a much more active role pertaining to the issue of suspensions. A number of court decisions discussed in this treatise show how the courts come down hard on employers who hastily resort to suspending an employee where there is no valid reason to do so or where the procedure was manifestly unfair.

Conflict of interest allegations became a prominent part of the political and public sector in the 1980s and 1990s in Australia and elsewhere. The arena of policing was not immune, and in Victoria, the Ombudsman drew particular attention to the problem and expressed concern about the rise in public complaints relating to alleged conflicts of interest on the part of police officers. Against this background, permission was granted by Victoria Police for a major study of conflict of interest complaints against police officers within their jurisdiction. Access was granted to all public complaint case files where conflict of interest was the focus of the allegations, from the period 1988???1998. A total of 377 usable complaints files were examined, involving 539 police officers. Through extensive examination and analysis of these complaint case files, a comprehensive map of the particular kinds of interest involved, the nature of the conflicts with official police duties, and the particular contexts within which conflicts of interest emerged, was developed. Analysis of the case files identified 25 different types of problems related to conflict of interest. These were spread across the private and public realms of police officers??? involvements. Previous studies of conflict of interest have focused largely on the opportunities for misconduct arising in the public realm of police work and police duty, largely neglecting attention to the private realm of the relationships and involvements of a police officer that give rise to conflicts of interest. In this study, the specific private interests that gave rise to problems were able to be identified in 35 percent of all cases. Three broad problem areas were identified: (i) outside employment, private business interests, political, social, and sporting interests and involvements; (ii) family-based involvements, especially those involving family law problems; and (iii) problematic personal relationships, including relationships with criminals, informers, and persons of ill repute. These conflicts of interest were related to a range of breaches of official police duty, including the misuse of police authority for personal or family benefit, the use of police position to facilitate personal relationships, and inappropriate disclosure of confidential police information. When the conflict of interest identified related specifically to a police officer???s official or public role as a member of the police force, the main types of misconduct identified included three broad areas: (i) the use and abuse of police powers and authority; (ii) the use and abuse of police resources, including information; and (iii) the receipt of gratuities and breaches of the law. These problems were shown to play out in a range of ways, encompassing such behaviours as misuse of the police identity, inappropriate accessing of police information, involvement in investigations where the police officer concerned has a personal interest in the matter, failing to take appropriate police action against friends, family, or associates, the exercise of improper influence in civil matters, and engagement in harassment and discrimination. This study offers some important conceptual developments in relation to the notion of conflict of interest, focusing on the importance of the distinction between a conflict of interest and an associated breach of duty. The study noted that it is often erroneously assumed by police that if there is no breach of duty evidenced, then there is no problem of conflict of interest. The study also offers an important insight into the oversight and accountability processes involved in Victoria Police, emphasising the importance and effectiveness of the oversight role of the office of the Victorian Ombudsman. Evidence also suggests that the internal review processes within Victoria Police are by-and-large stringent, and that senior police management are genuinely interested in making police officers more accountable for their actions. However, it is concluded that both front-line operational police officer and police management often have a limited understanding of conflict of interest, and problems attendant to conflicts of interest. The study???s insights into the problem of conflict of interest are significant insofar as this problem is related to police misconduct???ranging from minor to serious???of various kinds. Attention to the problem of conflict of interest may be an important element in preventing ???upstream??? police misconduct and corruption.

Conflict of interest allegations became a prominent part of the political and public sector in the 1980s and 1990s in Australia and elsewhere. The arena of policing was not immune, and in Victoria, the Ombudsman drew particular attention to the problem and expressed concern about the rise in public complaints relating to alleged conflicts of interest on the part of police officers. Against this background, permission was granted by Victoria Police for a major study of conflict of interest complaints against police officers within their jurisdiction. Access was granted to all public complaint case files where conflict of interest was the focus of the allegations, from the period 1988???1998. A total of 377 usable complaints files were examined, involving 539 police officers. Through extensive examination and analysis of these complaint case files, a comprehensive map of the particular kinds of interest involved, the nature of the conflicts with official police duties, and the particular contexts within which conflicts of interest emerged, was developed. Analysis of the case files identified 25 different types of problems related to conflict of interest. These were spread across the private and public realms of police officers??? involvements. Previous studies of conflict of interest have focused largely on the opportunities for misconduct arising in the public realm of police work and police duty, largely neglecting attention to the private realm of the relationships and involvements of a police officer that give rise to conflicts of interest. In this study, the specific private interests that gave rise to problems were able to be identified in 35 percent of all cases. Three broad problem areas were identified: (i) outside employment, private business interests, political, social, and sporting interests and involvements; (ii) family-based involvements, especially those involving family law problems; and (iii) problematic personal relationships, including relationships with criminals, informers, and persons of ill repute. These conflicts of interest were related to a range of breaches of official police duty, including the misuse of police authority for personal or family benefit, the use of police position to facilitate personal relationships, and inappropriate disclosure of confidential police information. When the conflict of interest identified related specifically to a police officer???s official or public role as a member of the police force, the main types of misconduct identified included three broad areas: (i) the use and abuse of police powers and authority; (ii) the use and abuse of police resources, including information; and (iii) the receipt of gratuities and breaches of the law. These problems were shown to play out in a range of ways, encompassing such behaviours as misuse of the police identity, inappropriate accessing of police information, involvement in investigations where the police officer concerned has a personal interest in the matter, failing to take appropriate police action against friends, family, or associates, the exercise of improper influence in civil matters, and engagement in harassment and discrimination. This study offers some important conceptual developments in relation to the notion of conflict of interest, focusing on the importance of the distinction between a conflict of interest and an associated breach of duty. The study noted that it is often erroneously assumed by police that if there is no breach of duty evidenced, then there is no problem of conflict of interest. The study also offers an important insight into the oversight and accountability processes involved in Victoria Police, emphasising the importance and effectiveness of the oversight role of the office of the Victorian Ombudsman. Evidence also suggests that the internal review processes within Victoria Police are by-and-large stringent, and that senior police management are genuinely interested in making police officers more accountable for their actions. However, it is concluded that both front-line operational police officer and police management often have a limited understanding of conflict of interest, and problems attendant to conflicts of interest. The study???s insights into the problem of conflict of interest are significant insofar as this problem is related to police misconduct???ranging from minor to serious???of various kinds. Attention to the problem of conflict of interest may be an important element in preventing ???upstream??? police misconduct and corruption.

No description available.

Thesis (MPA (School of Public Management and Planning))--University of Stellenbosch, 2005. / The purpose of this thesis is to develop a new model to improve service delivery regarding the monitoring of policing conduct. A comparative study of international civilian oversight bodies dealing with complaints against the police will be conducted to develop and implement an appropriate model to replace the current referral model with an investigative monitoring system to improve processes that ensure that the police remain accountable for their performance and conduct. The research design will both encompass model building and comparative studies. The basis of the theoretical framework of this thesis is service delivery which is the significance of developing a new model for the Policing Complaints Centre. Service delivery is dealt with in terms of the service industry and service processes, its functioning regarding problem solving, finance and accountability, the challenges facing service delivery and the basic principles and values governing public administration and the role and function of the Public Service Commission. The Legislative Framework for Monitoring Policing Conduct is stipulated in the Constitution of the Republic of South Africa, Act 108 of 1996 and the South African Police Service Act, Act 68 of 1995. This includes the policing functions vested in the Provinces and particularly the mandate of the Policing Complaints Centre in terms of the monitoring policing conduct as well as the limitations set on the provinces. Independent Police Complaints Commission of the United Kingdom. These models will be used because both these civilian oversight bodies operate independently from the policing agencies and therefore the credibility and integrity of the complaints model will be upheld. The main objectives of the new model will be to address the issues of the complainants and provide feedback as soon as possible to the complainants so that public confidence and trust in the police and in the complaints system of the Department can be increased. The new model will concentrate on a different method of dealing with complaints in that all complaints will firstly be evaluated to ascertain whether it is an inquiry or if it is a complaint. If is an enquiry it will be referred to the relevant authority and if it is a complaint it must be decided if an investigation will be conducted, or if an intervention in the form of a formal mediation or informal mediation must take place or in the monitoring of an investigation/inquiry. It has been recommended that the new complaints model and the database management system be implemented to ascertain whether this new model is keeping the police accountable for their performance and conduct.

There is increasing concern in news media sources regarding police killings of unarmed Black males. However, there is limited research on the portrayal of such incidents in the news and the implications for police-community relations in African- American communities. In order to address this gap, this study analyzed 120 experts’ quotes provided by two of the largest and most respected newspapers in the United States -- the New York Times and USA Today. This research comprised a content analysis of quotes related to the deaths of Eric Garner (Staten Island, New York), Michael Brown (Ferguson, Missouri), and Freddie Gray (Baltimore City, Maryland). A number of factors are discussed: The news organization’s predominate category and specialty of experts selected; whether the experts’ quotes attributed to pro-police or community bias; if the experts’ quotes discussed social or racial inequalities in the cities selected; whether the experts addressed evidence-based strategies necessary to improve police-community relations in the Black community, and whether experts’ quotes discussed solutions to improve police and community relations in the Black community. The findings suggest that the selected national news sources, in the one year following the deaths of each of the unarmed victims, highlighted quotes from state manager, particularly politicians, at a much higher rate than intellectuals. Although revealing a substantial level of procommunity bias, the quotes presented very little regarding evidence-based strategies for improving police-community relations in the Black community and reducing the number of unarmed deaths caused by police. The implications for research on media and crime as well as policing strategies are discussed. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2016. / FAU Electronic Theses and Dissertations Collection

published_or_final_version / Public Administration / Master / Master of Public Administration