<p>By any standard, victim participation is a relatively new phenomenon in international criminal law proceedings. Incredible advances have been made in the effort to end impunity for crimes against&nbsp / umanity, war crimes, genocide and, more recently, aggression. As a result, great strides have been made in ensuring the direct participation of victims of grave violations of human rights&nbsp / in court proceedings against their perpetrators. Prior to this, grave violations of human rights committed during conflicts or periods of mass violence were either largely ignored or even if action&nbsp / was taken, victims of the crimes hardly had a &lsquo / say&rsquo / in the proceedings. With the advent of the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC)&nbsp / &nbsp / new dawn in the proceedings of international criminal law has emerged. The statutes that govern the ICC and ECCC have given a voice to victims in court proceeding buy ensuring&nbsp / victims participation.Despite these advances, scholars have criticized victim participation for being inconsistent in its application at the International Criminal Court.1 The criticism has come from&nbsp / scholars who have highlighted the unintended consequences of victim participation in court proceedings, arguing that their participation has resulted in the under- or misrepresentation of the&nbsp / actual experience of survivors of war, mass violence, or repression. These problems have arisen largely because the need to establish the guilt or innocence of the accused and to protect their&nbsp / due process rights, to abide by the rules of evidence and procedure, and to conserve judicial resources all cut against victim-witnesses'ability to tell their stories at these tribunals thereby&nbsp / resulting in a limited, and sometimes inaccurate, record of victims' experience.</p>

Across the world today people are selling their bodily organs to organ trafficking syndicates in order to make money for necessities and to pay off loans used in order to survive. Modern medical technology has vastly improved the outcome of organ transplants and survival rates of human organ recipients. This in turn means that as a survival option many more potential recipients are being placed on waiting lists in order to receive organ transplants. What therefore contributes to the organised crime of black markets in human organs is the great shortages in the numbers of donated organ necessary for organ transplantations. This is due to increased numbers of patients on transplant waiting lists. Poor donors are therefore willing, in the nonregulated system of organ trade, to sell their organs to increase their fortunes and rich ill recipients are willing to pay any price for any organ. Organised crime legislation and medical policies today make this activity illegal and this can be said to be half the problem in increased organ markets and organ trafficking syndicates. The traditional system of organ donation, namely altruistic organ donation without compensation, is no longer effective enough in ensuring that sufficient numbers of human organs are donated yearly to meet the demand. Hospitals and other non-governmental organisations or institutions dealing with organ donation, procurement and human organ transplantation are in desperate need of such organs for organ transplants. For this reason various solutions have been illustrated as methods in eliminating the organised crime of organ trafficking and increasing available organs needed for transplantation. Some of these options include national organ donor registries to track current organ donors, presumed consent laws which require donors to specifically opt out of an organ donor registry, conscription or state owned organs as well as futureâs markets or donation contracts and other forms of compensation to donors such as tax deductions, preference for future organ transplants above other recipients and remuneration for all expenses incurred and lost during the organ donation period. Educational and public media programmes have also been suggested to educate average citizens on the issue of organ transplantation and to make them aware of organ trafficking and the need for donated organs, whether such human organs are donated while the donor is alive or if the donor only consent to such removal of organs once deceased. Many ethical dilemmas exist regarding these various ideas to increase donated organs. People feel that by selling human organs for example, poor donors will be exploited and altruistic donations will no longer be willing to donate their organs because of feelings of disgust for newly designed organ donation legislation.Beyond this fear lies the fear that if organ markets were legalised only richer members of society would be able to afford organ transplantations and that thereby poorer people would not have access to organ transplants. The situation without such a legalised market in place, however, already exploits the poor members of society and bad health risks for both the organ donor and organ recipient ensue due to shocking medical surroundings and incorrect procedures used in illegal organ transplantations. What is recommended therefore is that such legalised systems of compensated organ donation are to work in conjunction with the traditional altruistic system of organ donation and other methods used to increase organ donation and that legislation be correctly drafted and implemented to benefit both organ donor and organ recipient. It is deemed that such a legalised system of organ sales will eventually eliminate the organised crime of organ trafficking as the illegal demand for such organs will no longer exist. This will occur because of increased organ donations due to, amongst other methods of organ procurement, educational programmes and organ donors receiving some form of compensation for their donation.

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Prostitution, the exchange of sex for money, poses a problem all over the world. At present in South Africa prostitution, according to article 20(1)(aA) of the Sexual Offences Act 23 of 1957, is still described as a crime. The four cardinal problems relating to prostitution experienced in South Africa at the moment are the following: ⢠The high occurrence of violence experienced by sex workers in their still illegal profession. ⢠The lack of control over the spreading of HIV-infection by and to sex workers. ⢠The ineffective measures against and prevention of child prostitution and trafficking in children and human beings. ⢠The absence of labour rights in the sex workerâs profession, currently still illegal. The South African Law Commission is currently reconsidering the issue regarding the effectiveness of new regulative measures concerning prostitution. South Africa thus is currently faced with a choice regarding a new approach to address prostitution in this country. Having studied the various approaches towards prostitution in several countries, the author is convinced that, although a serious challenge, the solution is to be found in between the regulation and labour approaches. According to the regulation approach, the existence of prostitution is more or less accepted but simultaneously regarded as a risk to social health and social order. In order to safeguard society against the dangers related to prostitution, it is regulated by the promulgating of regulations. According to the labour approach sex work is acknowledged as a profession and thus by decriminalizing sex work the opportunity is given to regulate sex businesses by means of civil and labour legislation rather than by criminal law. The author is of the opinion that the decriminalization and related regulation of prostitution in itself may relieve the violence sex workers are currently subjected to. More effective control as to the spreading and prevention of HIV by sex workers will also be enhanced by this. Sex workers will also have access to labour legislation (applicable to any legal profession). The greatest challenge to the acceptance of the proposed approach is in the effective coping with and prevention of child prostitution and trafficking in children and other human beings. The necessity of the acceptance and implementation of legislation in order to combat this crime as a prerequisite for the decriminalization of prostitution in South Africa is therefore strongly emphasized by the author. In conclusion some measures are proposed concerning the implementation of the possible decriminalization and regulation of prostitution in the near future. Theses proposals relate to: ⢠The addressing of criminal offences reported by sex workers. ⢠Effective control as to the spreading of HIV by and to sex workers. ⢠The prevention of child prostitution and trafficking in children and human beings. ⢠The assurance of sex workerâs access to labour legislation. The author, however, emphasizes the fact that the success of the proposed approach depends not merely on thoroughly considered regulations, but also on the effective enforcement thereof. This poses a major challenge to South Africa as a developing country.

Progress in the field of science requires more and more the use of experts as witnesses during legal proceedings. It is due to the complex nature of some scientific principles that legal practitioners make use of expert witnesses to answer their questions and to supply them with reasons for their answers as well. Due to their expertise and/or experience, expert witnesses are in a position to explain to the courts complex concepts and to help the courts in their understanding and interpretation of scientific principles. Courts, however, have a discretion to reject evidence by expert witnesses should the court be of the opinion that such evidence is irrelevant and unreliable or if the witness failed to substantiate, to the satisfaction of the court, the reason for his or her opinion. The report of the expert witness contains an exposition of the reasons on which he or she basis his or her opinion. The report has the further use that it affords the court a chance to subject it to cross-examination. Aspects on which expert witnesses may testify is legion. Examples discussed above include among other things evidence regarding deoxyribonucleic acid testing on blood samples taken from a victim of crime, evidence extracted by means of a polygraph test, evidence regarding fingerprints, earprints, brain fingerprinting and thermal imaging. Evidence by psychologists and psychiatrists is an important aid should a court, for example, have to decide on the custody and access of minors after divorce. Interception and/or tapping of cellular and/or telephone conversations is a relatively simple and fast way to obtain evidence during the investigation of an alleged offence. In this regard, the Bill of Rights calls for a weighing of interests of the right to privacy (of the accused) and the public interest (the maintaining of law and order). Legislation regulates most matters concerning expert evidence. Case law should provide guidelines to the courts in their evaluation of expert evidence. If an expert witness presents evidence regarding an unknown scientific technique to the court, the courts should look to international case law for guidance. American case law laid down principles that should be met before evidence regarding an unknown scientific technique is presented in court and may serve as guidelines to South African courts. Factors such as the reliability and acceptance of a technique in scientific circles both play a role in the adjudication of the question concerning the admission and/or rejection of evidence as far as that technique is concerned.

A controlled, voluntary human act is the basic element of criminal liability. If the act is not subject to the will, it is involuntary and excludes the act and therefore criminal liability. This defence is known as automatism. This condition of involuntariness can arise as a result of insanity or due to reasons other than insanity. If the accused were insane at the time of committing the offence and he successfully raises an automatism defence, he is sent for mandatory confinement in a psychiatric institution. The problem created by this legal provision of mandatory confinement is that an accused who was insane at the time of the crime, but sane at the time of the trial, must be confined in a psychiatric institution even though he is considered sane. In order to avoid this injustice, the courts have distinguished between âinsane automatismâ and âsane automatism.â Cases where an involuntary action has occurred for reasons other than insanity have involved a defence of "sane automatismâ and, if successful, have resulted in full acquittal. The reason for creating the term âsane automatismâ was to avoid the said unjustified functioning of the law. Courts worldwide have approached this defence with caution, as it can easily be abused. In Canada there is such strong objection to the sane automatism defence that all cases of automatism are forced into the category of insane automatism in order to protect the public. The protection of the public against dangerous criminals therefore enjoys priority over pursuit of the accused individualâs possible innocence and freedom. The excessive use of the insane automatism defence to this end has resulted in sane automatism becoming legal fiction in Canada. Amendments to legislation in South Africa have given courts wider discretion and they are no longer compelled to confine the accused to a psychiatric institution. The legislation is no longer unjust, with the result that the distinction between âinsane automatismâ and âsane automatismâ is no longer necessary. The position of the courts in the United Kingdom is very similar to that in South Africa. UK courts also have wider discretion in their judgements, and the defence of automatism in the United Kingdom is restricted to cases where there was a total loss of volition. Impaired or reduced volition is not sufficient. The distinction between insane and sane automatism is also applied here, and both external and internal factors are considered when determining the type of automatism. In Australia too little attention is given to the conative mental faculty. An unconscious act may lead to involuntariness, but this is not necessary always the case. A person may also act involuntarily and be conscious of his/her actions. In Australia the courts are inclined to consider only the cognitive mental faculty. Both the cognitive and conative mental faculties must be considered. A wilful act indicates the cognitive mental faculty, i.e. the person was conscious and aware of what he/she was doing. An intended act, on the contrary, indicates the ability of the person to control his/her actions, i.e. the so-called conative mental faculty. The automatism defence (no longer "sane automatism") must still be retained, but as an ordinary defence that is indicative of an involuntary act, and therefore the absence of one of the elements of a crime (but without a specific indication of whether it is sane or insane automatism). Automatism must therefore be limited to grounds for exclusion of the element of an act, i.e. the voluntary and personal conduct of the accused.

The transatlantic slave trade has been outlawed for more than 200 years. However, could it be that slavery still exists, but in a modern form, namely that of human trafficking for various exploitative purposes? Investigating the combating of human trafficking from a legal perspective is a relatively new research field in South Africa. Therefore, this study, having identified the gap in research on the current South African legal response to combating human trafficking, strives to make a contribution to the body of research on this issue. The aim of the study is threefold: first, to provide a better understanding of the multifaceted human trafficking crime; secondly, to clarify obligations to combat human trafficking contained in relevant international and African regional instruments; and, thirdly, to analyse the South African legal response for combating trafficking and to assess whether this response complies with the identified international and African regional obligations. The objectives of the research are designed to realise the threefold aim. As regards the first part of the aim, the objective is to describe and clarify important issues relating to human trafficking. This is in line with the reasoning of Gould1 that an in-depth knowledge of the human trafficking phenomenon is vital for the purpose of an effective response. To realise the second part of the aim, the objective is to review the historical development of relevant international and African regional instruments in order to identify, categorise and, as far as possible, synthesise obligations to combat human trafficking. Unlike many other studies, the present study draws obligations and recommended directives and guidelines for combating this crime from the broader framework of instruments relevant to human trafficking, and not only from the landmark treaty on human trafficking, namely the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol). As regards the last part of the aim, the objective is twofold. First, the current South African legal framework applicable to human trafficking is described and analysed. This framework comprises three components: existing general laws that may be applicable to some human trafficking activities; the first trafficking-specific legislative provisions as contained in the Childrenâs Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007; and the comprehensive anti-trafficking legislation proposed in the Prevention and Combating of Trafficking in Persons Bill (B7-2010). While the first part of the last objective maps out the South Africa antitrafficking framework, the second part compares this framework with international and African regional obligations pertaining to domestic counter-trafficking responses. Finally, based on this comparison, To realise the second part of the aim, the objective is to review the historical development of relevant international and African regional instruments in order to identify, categorise and, as far as possible, synthesise obligations to combat human trafficking. Unlike many other studies, the present study draws obligations and recommended directives and guidelines for combating this crime from the broader framework of instruments relevant to human trafficking, and not only from the landmark treaty on human trafficking, namely the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol). As regards the last part of the aim, the objective is twofold. First, the current South African legal framework applicable to human trafficking is described and analysed. This framework comprises three components: existing general laws that may be applicable to some human trafficking activities; the first trafficking-specific legislative provisions as contained in the Childrenâs Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007; and the comprehensive anti-trafficking legislation proposed in the Prevention and Combating of Trafficking in Persons Bill (B7-2010). While the first part of the last objective maps out the South Africa antitrafficking framework, the second part compares this framework with international and African regional obligations pertaining to domestic counter-trafficking responses. Finally, based on this comparison,recommendations are made for enhancing the South African legal response designed to combat human trafficking. By realising the threefold aim of the study, the study can, it is submitted, make a valuable contribution to research on combating human trafficking in South Africa from a legal perspective. By making the research available to the legal fraternity, such research may prove useful in litigation, in the training of lawyers, and in future law reform. The study may also be valuable in informing multidisciplinary stakeholders and service providers dedicated to combating human trafficking by contributing to a better understanding of the human trafficking phenomenon. Lastly, the study may be of practical value to other African countries that are in the process of drafting anti-trafficking legislation conducive to the African context. These countries may find some guidance in considering the road travelled by South Africa in the search for comprehensive anti-trafficking legislation.

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This thesis is intended to discover a unified and scientific theory of breaches of criminal procedure and their results. In Chapter One, I provide readers with a way of navigating the argument. In Chapter Two, England, Germany and China are the representative jurisdictions. I then try to harmonise ‘criminal procedure’ and ‘xing-shi su-song-fa’ in Chinese. In Chapter Three, a criminal procedure rule is composed of a procedural direction and the consequence of its breach. Weaknesses in procedural remedies exist in every jurisdiction. In Chapter Four, two obstacles are cleared up: the Anglo-American suspicions about universal legal theory and the antagonistic position between socialist and capitalist laws. Two scientific factors are found: three objectives of criminal procedure: substantive truth, procedural regularity and legal harmony; criminal procedural conduct as the analytical unit. In Chapter Five, civil juristic act theory cannot be mechanically transplanted. Two categorisations are found useful: disposition-influencing conduct, procedure-inducing conduct and adjudicative conduct; conduct by a person in authority and conduct by a person not in authority. In Chapter Six, there are simply proclaimed rules and nullity-backed rules. Breaches of nullity-backed rules can be either absolutely null or relatively null. The treatment of relatively null conducts is either nullification or regularisation. There are three conventional nullifications: reversal of adjudicative conduct; exclusion of disposition-influencing conduct and nullification of procedure-inducing conduct. Regularisation is divided into disposal and overlooking. If substantive aspects are examined, mitigation of sentence and ending of proceedings may be applied. Transmutation of invalid procedural conduct is a peculiar treatment. Then, I briefly integrate the subordinate procedural mechanisms in terms of institutional arrangements and structural constraints. In Chapter Seven, I explore the function of this theory in terms of theoretical guidance, legislation and legal practice, although discretion is unavoidable for deciding the final consequence of many breaches.

The main body of this creative project is divided into four sections. The first three sections will contain the listing of terminology used in the three main components of the criminal justice system; law enforcement, courts, and corrections. These three sections are further subdivided into three subheadings: terms applying to adult procedures, terms applying to juvenile procedures, and related Supreme Court decisions. The fourth section includes relevant journals and organizations that are related to the three main components of the criminal justice system.The purpose of this creative project is to provide Ball State University Criminal Justice and Corrections students with a listing of criminal justice terminology currently used in the criminal justice system.It is imperative that Criminal Justice and Corrections students at this university have a basic understanding of the terminology used in the criminal justice system, enabling the student to perform satisfactorily in the practical. and academic aspects of the Criminal Justice and Corrections curriculum, and later as a professional in one of the three main components of the criminal justice system.