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 The study demonstrates that South African courts have relied largely on outdated principles derived from English common law, rather than applying the rule by focusing on the values that underlie the rule.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)

From the 1820s, forçats were widely portrayed in French culture across a variety of fictional and non-fictional genres. This thesis analyses this ‘convict tradition’, and relates it to the emergence of industrial literature in France, with its resolutely reader-centred approach. It argues that convicts acquired a central cultural importance in the nineteenth century because they embodied a form of transgressive individualism which fascinated bourgeois readers. Convicts functioned as screens onto which readers could project their own forbidden desires. The study analyses canonical novels by Sand, Balzac, Hugo and Zola alongside a large corpus of non-fiction, including biographies, penological or philanthropic texts, physiologies and travel literature. The circulation of stereotypes and stylistic tropes between these different genres shows the constant interaction between mainstream and elite writing, and the influence of literary representations on the perception of criminals, which shaped political decisions and penal policy. The first chapter of the study suggests that convicts gave a face to nineteenth-century concerns about the proliferation of the criminal classes, thereby allowing readers to explore these fears. At the same time, descriptions of crime were a source of scopophilic pleasure, allowing readers to indulge repressed transgressive desires, while partaking in a potentially subversive celebration of carnivalesque disorder. Chapter 2 shows how these dynamics inform Balzac’s writing in his ‘Vautrin cycle’, drawing readers into a game of open secrets and deferred recognition, which mirrors contemporary concerns about urban illegibility and illegitimate social promotion. Chapter 3 explores a competing tradition which portrayed convicts as sublime, betraying the ambiguity of nineteenth-century attitudes to imprisonment, which could be a sign of infamy or of martyrdom. Sublime convicts reassured readers about the human ability to overcome trials, and to attain salvation through spiritual means (ataraxia) or physical resistance (escape). These differing traditions show that narratives tended to be centred upon their readers’ concerns, which may explain why criminals themselves were discouraged from writing. Chapter 4 presents the obstacles to convict self-expression as well as various attempts by inmates to ‘write back’, culminating with Genet’s and Charrière’s subversive reappropriation of literary discourse. Chapter 5 examines the ways in which the interplay between political events, commercial imperatives, literary evolutions (the rise of the detective novel) and new cultural practices like the cinema changed twentieth-century representations of convicts. This thesis analyses a large corpus of understudied material and fills a gap in existing scholarship, but more importantly it uses convicts to explore nineteenth-century reading practices, and to probe cultural fault lines in post-revolutionary French society. Convicts exemplify the ambiguity of nineteenth-century attitudes to social marginality, and highlight the conflicted nature of bourgeois identity. Their portrayal also draws attention to the important structural changes undergone by the literary field from the 1830s onwards, which paved the way for the advent of mass culture in the twentieth century.

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The diploma thesis deals with the penitentiary system of the Czech Republic. It contains a brief excursion into the past of the Czech penitentiary system, i.e. the history of punishment in our territory. Attention is paid to the present penitentiary system of the Czech Republic, legislative development, problematic legal regulation, its impact on practice, as well as to the view to the future (within the frame of the new Czech penitentiary system conception). The diploma thesis represents the functioning of the Prison Service of the Czech Republic, its tasks and aims. The last chapter of the theoretical part is devoted to the future of the Czech penitentiary system, especially to changes in the external differentiation of prisons. The practical part of the thesis is a qualitative research survey (structured interviews with employees of the Prison Service of the Czech Republic). It maps the attitude of Prison Service employees to the existing penitentiary system and to legislative adjustments effective from October 2017. The aim of this diploma thesis is to analyse the current penitentiary system of the Czech Republic in the context of valid legislative changes. The analysis of literature and legislative norms regulating the execution of imprisonment in the Czech Republic and the research survey...

Le personnage du forçat est omniprésent dans la littérature française du XIXe et du début du XXe siècle. La représentation du monde des travaux forcés dans les bagnes portuaires et plus tard extra-métropolitains est à la croisée de la représentation plus large de la criminalité au XIXe siècle, selon un développement historique concomitant avec l’expansion coloniale. Les faits divers, ces petits bulletins d’alerte lancés comme une basse continue sur la cité, changent la manière de percevoir la criminalité. Obéissant à une structure particulière, le fait divers va remodeler la représentation littéraire de la criminalité. C’est ici qu’intervient le personnage du forçat. En effet, jouissant d’un statut particulier (mort/vivant/revenant), il offre aux romanciers des « conditions de possibilité » inédites jusque-là dans le monde des lettres. Jean Valjean, Monte-Cristo et Chéri-Bibi, pour ne citer que les plus connus, sont devenus des modèles dans ce qu’on peut appeler le « roman de la chiourme », (sous)-genre qui se développe en France à partir de 1830. Ainsi, Valjean donnera l’archétype du « forçat innocent », le converti miraculé et la réincarnation de Jésus-Christ. Monte-Cristo sera le Vengeur par excellence, dont le parcours donnera le modèle du genre – la vengeance étant un topos inévitable de la littérature populaire du XIXe siècle et jusqu’à nos jours. Chéri-Bibi quant à lui, au début du XXe siècle, incarne un tournant dans l’histoire du genre ; il serait au roman de la chiourme ce que Don Quichotte fut pour le roman de chevalerie : une somme et un dépassement. L’étude que nous proposons, centrée sur la « genèse et la structure » du roman du bagne, est un voyage à rebours dans l’histoire de ce genre qui ne dit pas son nom. / The character of convict is omnipresent in French literature of the nineteenth and early twentieth centuries. The representation of the world of hard labor in metropolitan and colonial prisons is at the crossroads of the broader representation of crime in the nineteenth century, according to a concomitant historical development with colonial expansion. The miscellaneous news, these little newsletters launched continually on the city, change the way of perceiving crime. Obeying a specific structure, this type of news will reshape the literary representation of crime. This is where the character of the convict comes in. Indeed, enjoying a special status (dead/alive/revenant), it offers novelists "conditions of possibility" unseen until then in the world of letters. Jean Valjean, Monte-Cristo and Chéri-Bibi, to name only the well known, have become models in what we can call the "novel of the convicts", literary (sub)-genre which develops in France from 1830 onwards. Thus, Valjean will give the archetype of the "innocent convict", the miraculous convert and the reincarnation of Jesus Christ. Monte-Cristo will be the Avenger par excellence, whose course will be the model of the genre - revenge being an inevitable topos of popular literature of the nineteenth century and until today. As for Chéri-Bibi, at the beginning of the twentieth century, embodies a turning point in the history of gender; it would be to the novel of the convict what Don Quixote was for the chivalric romance: a sum and a surpassing. The study we propose, oriented on the "genesis and structure" of the prison novel, is a reverse journey in history of this literary genre that does not say its name.

"Music in Czech Prison System" is an ethnomusicological study of the functioning of music in prison. The work focuses on the role of music in the everyday life of inmates and during the educational activities. It deals with the relationship of prisoners to music, musical activities in prison, and the approach of Czech Prison Service to musical activities. The aim of this master thesis is to present an image of the state of music and musical activities in the Czech prison system and to map out the forms in which the prison music appears, and to show what functions it has based on testimonies of convicts and prison staff. In prison, the environment of a so called total institution, people find themselves in extreme conditions that affect the wide range of their experiences. While imprisoned an inmate is faced with many changes that negatively affect the quality of his life. Research shows that music is a very important element for some prisoners, which can greatly influence their behavior and experience in prison and can compensate for their negative constraints. This master thesis attempts to capture whether and how convict's perceptions of music is different in an isolated environment as opposed to experiencing it outside the prison. What role does music play in the prison situation? And in what...

Philosophiae Doctor - PhD / Tuberculosis is a bacterial infection which is a major cause of death worldwide. TB is a curable disease, however the bacterium can become resistant to the first line treatment against the disease. This leads to a disease called drug resistant TB that is difficult and expensive to treat. It is well-known that TB disease thrives in communities in overcrowded environments with poor ventilation, weak nutrition, inadequate or inaccessible medical care, etc, such as in some prisons or some refugee camps. In particular, the World Health Organization discovered that a number of prisoners come from socio-economic disadvantaged population where the burden of TB disease may be already high and access to medical care may be limited. In this dissertation we propose compartmental models of systems of differential equations to describe the population dynamics of TB disease under conditions of crowding. Such models can be used to make quantitative projections of TB prevalence and to measure the effect of interventions. Indeed we apply these models to specific regions and for specific purposes. The models are more widely applicable, however in this dissertation we calibrate and apply the models to prison populations.