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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 ActRamatsoele, 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.
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The use of body language (behaviour pattern recognition) in forensic interviewingNaidoo, Shantell 02 1900 (has links)
With this study, the researcher wants to establish whether investigators are able to effectively interpret, report on, or pay cognisance to body language during interviews, and whether they are sufficiently trained therein. Knowledge of body language can provide the interviewer with vital clues during the interview process. Regardless of the availability of numerous literatures on nonverbal behaviour in interviewing, the application of this knowledge is lacking among investigators.
An empirical research design and a qualitative research approach were used for this research. National and international literature sources were consulted, and the researcher conducted interviews with two experts, knowledgeable investigators and semi-structured interviews with detectives from the East London South African Police Service (SAPS) and forensic investigators from the Special Investigating Unit (SIU) in East London.
The importance of the skill of interpreting body language during forensic interviewing was established. Evidently, many investigators do not apply their knowledge and skill to enhance the outcomes of a forensic interview. / Criminology and Security Science / M. Tech. (Forensic Investigation)
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The policing of domestic violence in the Tshwane Policing PrecinctMadzivhandila, Avhashoni Cynthia 06 1900 (has links)
In this qualitative study five police stations in the Tshwane Policing Precinct were selected. The objectives were to describe and explore the South African Police Service (SAPS) officials’ experiences on the nature and extent of domestic violence and the responsive strategies by relevant stakeholders thereof.
Data collection literature review and key informant interviews were selected. Purposive sampling was adopted to cater for 40 sworn SAPS officials; each station was represented by seven participants. The findings suggest that many academics around the world overlook the importance women and children as core victims. As a result, they become the neglected people in our society. Thus, there is no simple solution to this crime to date. For recommendations a multi-agency approach whereby all relevant stakeholders try to address this scourge is needed to enhance reporting channels, advance SAPS skills and obtain more convictions. / Police Practice / M. Tech. (Policing)
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A critical analysis of the procedures followed in child rape cases in Mpumalanga ProvinceBoodhoo, Vinesh 02 1900 (has links)
This study reflects a critical analysis of the procedures followed in child rape cases in
Mpumalanga Province and in the process to enhance investigative capabilities with sound detective development.
Empirical research was conducted with a literature review, docket analysis and interviews as methods to obtain information where the following important aspects were addressed: an overview of the field of forensic investigation, the shortcomings with regard to child rape investigations and correct procedures for conducting child rape investigations formulated.
The study found that generally rape cases were not properly investigated, correct procedures were not followed (biological/physical evidence was not readily identified nor correctly handled) and applicable directives pertaining to child rape investigations not complied with. Investigators had a narrow understanding of the concept forensic investigation. In child rape investigations it would be of more evidential value and reliable to collect physical evidence such as blood, semen, vaginal fluids and saliva as the child’s testimony at court might not be reliable, particularly when subjected to cross examination. Rape is both a contact crime as well as a psychologically motivated crime and both aspects of the trauma needs attention during the investigation process.
Crimes against women and children are also a national concern, thus making child rape a priority crime for the South African Police Service. For any successful prosecution it is necessary that policy and correct procedures are not compromised but rather strictly adhered to.
The Locard Principle in relation to physical evidence such as body fluids at the crime scene needs to be focussed on during the investigation process. The research suggests that the current standing operating procedures be amended to include the critical aspects of child rape investigation such as processing of the crime scene, the search for biological evidence as well as the packaging and preservation of biological evidence. / Police Practice / M. Tech. (Forensic Investigation)
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An analysis of the importance of semen in investigation of rape cases at Venda (Thohoyandou)Mulaudzi, Ratshilumela 27 February 2020 (has links)
The use of technology and science in the investigation of crime plays a major role in
the resolution of complicated cases that cannot be solved by means of other available
evidence during the prosecution of rape cases.
The study details the importance of semen in investigation of rape cases and
emphasizes that semen discovered during the investigation must be analysed in all
cases of rape and used as evidence in court. The use of semen as evidence in the
investigation of rape cases is a modern intervention aimed at producing evidence that
is reliable and relevant. / Criminology and Security Science / M. Tech. (Forensic Investigation)
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A historical-legal analysis of search and seizure of electronic records for the prosecution of financial crimes in South AfricaPoyo, Unathi 30 September 2020 (has links)
Crime has been around since the beginning of time. In an evolving society, and the methodology of crime also changes. The methodology of combating and preventing crime should aim to match the speed at which crime occurs. Criminal procedure deals with the powers of the police to investigate crimes.1 The Criminal Procedure Act 51 of 1977 (CPA) contains the principles of search and seizure in chapter 2. The promulgation of the CPA was during a period where the computer was a new phenomenon. At this time, it was inconceivable that technology would ever advance and become so ubiquitous, to the point that technology would infiltrate every aspect of our lives, and laws. There has since been many developments in our law, especially a new Constitutional dispensation.2 There have been developments and technological advancements that have had a direct and indirect bearing on the CPA. People use technology to communicate, transact, and unfortunately, to commit crime. These developments require there to be amendments in the CPA. There has been no specific amendments relating to search and seizure which are of significance in addressing technological advances. It is recommended that the amendments to the CPA include definitions and guidelines for procedural aspects of collection of electronic evidence. / Criminal and Procedural Law / LL. M. (Criminal and Procedural Law)
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The post-mortem report as a source of information in the investigation of murderBila, Hlengani Phanuel 05 1900 (has links)
The research is concerned with how the post-mortem report can be used as a source
of information in the investigation of murder cases to identify crime, individual crimes
and trace suspects, etc.
The understanding of the post-mortem report, and the information which can be obtained from it, will assist the police investigators to handle murder cases in a professional way.
The purpose of this research was to evaluate the existing manner in which police investigators use post-mortem reports in their investigations, with the intention of determining its strengths and weaknesses, and considering how the usage can be improved. Secondly, the researcher wanted to explore how investigators use postmortem reports as a source of information in their investigations. To accomplish this,
the researcher perused international and national literature in an attempt to explore the field.
The researcher wanted to apply the new research knowledge in order to develop good practice in the field. This has been done by recommending new procedures to
enhance performance and to improve the conviction rate in court cases. / Police Practice / M.Tech. (Forensic Investigation)
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Vetting as a technique to investigate employment fraud in the City of JohannesburgMahalefa, Andries 01 1900 (has links)
The research study covers the following topic “Vetting as a Technique to Investigate Employment Fraud in the City of Johannesburg Metropolitan”. The researcher intends to evaluate the current procedures which are used in the process of forensic vetting as employment fraud investigation method in CoJ. Furthermore, to build the ground work for potential future innovation, problem solving, decision making and proper planning of the use of forensic vetting as employment fraud investigation method.
The researcher applied the qualitative approach throughout the research because qualitative involves interaction between the researcher and the subject that was identified as a problem that concerned CoJ
The researcher had selected ten (10) forensic investigators to partake in this study. The total population to be interviewed and collect data from was considerable and appropriate for evaluating forensic vetting as an employment fraud investigation method. The researcher used purposive sampling to choose the participants for this research.
It was found that every individual within an organ of the State must be subjected to the vetting process. It was further found that the institutions in governmental, organs of the State and private spheres must adopt the forensic vetting practice to minimize fraudulent activities in their organizations. / Department of Police Practice / M. Tech. (Forensic Investigation)
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Examining the unique security features of a credit card with the aim of identifying possible fraudulent useBudhram, Trevor 09 1900 (has links)
The use of credit cards has become a way of life in many parts of the world. Credit cards have also created many new opportunities for criminal activity.
It is in this light that organizations such as VISA International have explored a variety of security alternatives by constantly reviewing security measures that may be applied to cards and devote considerable resources to the maintenance of security systems and programmes. These programmes mandated by the association, include uniform card standards, security standards for manufactures, embossing and encoding of cards, standards for mailing the cards and credit background investigations of applicants. These standards assist investigators in examining counterfeit cards and distinguish a counterfeit card from a genuine card. The constant reviewing of security features and methods by the association is to create a card that is technically difficult to alter or counterfeit. / Criminology / M.Tech. (Forensic Investigation)
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The nature and extent of problems experienced by detectives in the collection, processing and utilisation of crime information at the Rustenburg detective serviceGovender, Doraval 31 May 2008 (has links)
This research is concerned with the nature and extent of problems experienced by detectives in the collection, processing and utilisation of crime information for the investigation of crime. The problems gave rise to poor detective performance.
The development of information-led policing offers an alternative to the traditional ”reactive” model of investigation of crime. Information-led policing advocates the targeting, gathering, analysis and dissemination of information which is used to inform decisions about the prioritisation of problems and allocation of resources to address the problems (Cope, as quoted by Alison, 2005:93).
The purpose of this study is to determine the strengths and weaknesses in the collection, processing and utilisation of crime information at the Rustenburg Detective Service, to find new knowledge that can improve the situation, and to apply the found knowledge to enhance the performance of detectives. / Criminology / M.Tech. (Forensic Investigation)
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