31 |
Bewysregtelike aspekte by 'n verweer van ontoerekeningsvatbaarheid in strafregtelike verrigtingeStrydom, Jacoba Maria 11 1900 (has links)
Summaries in Afrikaans and English / Text in Afrikaans / 'n Kort elementologiese uiteensetting vir strafregtelike aanspreeklikheid word
gevolg deur bewysregtelike begrippe wat van toepassing is op vermoedens by
toerekeningsvatbaarheid.
Die historiese regsposisie asook die ontwikkeling in die huidige Suid-Afrikaanse
reg met betrekking tot geestesongesteldes, kinders en persone wat 'n verweer
van nie-patologiese ontoerekeningsvatbaarheid insluit, word bespreek. Daar
word gekonsentreer op ·die ontwikkeling van 'n algemene verweer van niepatologiese
ontoerekeningsvatbaarheid.
Die konstitusionele reg, vennoedens en ontoerekeningsvatbaarheid word aan die
hand van Suid-Afrikaanse regspraak en die Interim Grondwet bespreek. Daar
word na buitelandse reg gekyk ten einde 'n aanbeveling te kan maak wat
grondwetlik nie sal indruis op die reg van die individu tot onskuld nie.
'n Algemene verweer van nie-patologiese ontoerekeningvatbaarheid word
onderstellll mits dit met omsigtigheid deur die howe benader word. Die arbitrere
ouderdomsgrens vir vasstelling van toerekeningsvatbaarheid by kinders word
gekritiseer en 'n verhoorbaarheidvasstellingseenheid word aanbeveel. / A short elementological discussion of criminal responsibility is followed by
concepts of law of evidence that is applicable to presumptions of accountability.
The historical legal position as well as the development in the current South
African law and the present legal position with reference to the mentally
disturbed children and persons with a defence of non-pathological
unaccountability are included and discussed.
The constitutional law, presumptions and unaccountablility are discussed with
reference to the South African case law and the Interim Constitution. Foreign
law is perused so that a recommendation could be made that would not interfere
with the rights of the individual to be deemed innocent.
A general defence of non-pathological unaccountability is supported if it is
treated with the necessary circumspection by the courts. The arbitrary age
boundaries for the determination of accountability in children is critized and a
unit to determine trialability for pathological and non-pathological accountability
is recommended. / Criminal & Procedural Law / LL.M.
|
32 |
Community based sentences : an alternative to short-term imprisonmentSingh, Shanta 30 November 2002 (has links)
Penology / (M.A. (Penology)
|
33 |
A quantified decision-making approach to probation in South AfricaOliver, Charles Edwin 06 1900 (has links)
Quantified decision-making refers to the scaling of factors such as crime seriousness, risk assessment, violation severity, and punitive responses or intensity of surveillance. As such, it is largely based on the justice principle, according to which the punitive response should be
commensurate with the crime committed. This study consequently looks at the applicability of a retributive stance towards probation, and suggests a quantified, or structured, approach to decision-making in probation with special reference to the South African situation.
Referring to historical and ideological precedents, it is maintained that the current crisis in corrections - referring to the congestion of prison facilities and the negative spin-offs related to it - can, to a large extent, be ascribed to an over reliance on imprisonment as a sentencing
option. It is argued that imprisonment can be seen as a failure in terms of both its basic motives, and more importantly, with regard to its unintended consequences, necessitating a search for viable sentencing alternatives. With regard to probation, and Intensive Supervision Probation (ISP) in particular, this study recognizes its limitations, but maintains that probation still holds the greatest potential as a workable alternative to incarceration. In view of South African corrections, that is plagued by prison overcrowding, on the one hand, and certain structural shortcomings, on the other, a structured probation system is proposed that will evade the weaknesses of subjective decisionmaking, which often act to intensify the crisis. It is proposed that quantified decision-making tools be developed that will replace both sentencing and revocation decisions. It is further
suggested that an effective risk prediction instrument be developed to guide the probation process. / Penology / D. Litt. et Phil.
|
34 |
An analysis of judicial sentencing approaches to persons convicted of serious crimesMagobotiti, Chris Derby 09 1900 (has links)
This study analyses judicial approaches to sentencing offenders under the age of 18 convicted of serious crimes and their adult counterparts. It traces sentencing patterns, trends and shifts from 1950 to 2009 with reference to key moments. The study seeks to identify factors that determine the choice of sentence. Indeed, competing penal theories appear to be behind judicial decisions. In this regard it is claimed that although it is difficult to identify the extent of factors considered in sentencing decisions, seriousness of crime seems to carry more weight than the prior record and age factor in the selection of a sentence.
The study applied both quantitative and qualitative methodologies, using primary or historical and secondary sources of data collection. This involved studying real court cases, the observation of trials and interviews with Wynberg regional court magistrates, Mitchells Plain regional court magistrates and Cape High Court Judges as part of primary-historical data collected. Penal statistics and data gathered included law reports, penological literature was analysed and computerised, and philosophical interpretation of findings was used. The study concludes that sentencing approaches are still marked by inconsistency and vagueness, which require to be improved by ongoing assessment within the courts in pursuit of balanced sentencing that meets various goals. It is pointed out that there are variations between the courts, and among different regional magistrates and judges, which require to be justified in the light of the divergences in crime seriousness and offenders alike. The study claims that sentencing is a complex and multifaceted phenomenon, involving history, law and sociology. It further recommends that persons under the age of 18 convicted of serious crime should be accorded less culpability compared to adults with regard to sentence severity. / Criminology and Security Science / D. Litt. et Phil. (Penology)
|
35 |
Search and seizure of documents in the investigation of tax-related casesMudaly, Lindsay 09 1900 (has links)
The goal of this research was to determine the procedures used for conducting a
search and seizure in a tax-related offence in terms of the Criminal Procedure Act,
Act 51 of 1977. Aspects that cause problems for the South African Revenue Service
(SARS) investigators are the application for a search warrant and the activities that
take place before, during and after the search and seizure.
An introduction, definition and explanation are given of certain key concepts such as
forensic and criminal investigations, as well as their objectives and purpose. The
various search methods are also discussed and explained as are the chain of
custody and evidence in general.
A large part of this research deals with the legal requirements for a search and
seizure in a tax-related offence and encompasses issues such as the procedures for
obtaining a search warrant, pre-raid briefing, conducting the search, and the seizing
of, marking, storage and disposal of documents.
The findings of the research are discussed and recommendations subsequently
made regarding the shortcomings identified. The findings that were made related to
the process and procedure to obtain a search warrant, the actual execution of a
search and seizure and the legislation that authorises searches and seizures in taxrelated
offences. Further findings were made in respect of the mandate of SARS
criminal investigators to investigate, the admissibility of evidence obtained from a
search and seizure and the marking, recording, storage and disposal of seized
items. Recommendations were made regarding training, improved communication
and skills transfer to address the shortcomings identified. / Police Practice / (M.Tech. (Forensic investigation))
|
36 |
Public punitiveness and opinions on just deserts : an exploratory studyOliver, Charles Edwin 06 1900 (has links)
In the light of a more punitive stance in Corrections and public
discontent with the criminal justice system, a number of studies have
been conducted since 1970 testing public punitiveness, probably in an
attempt to determine whether sentences laid down by courts are in
line with public perceptions on just deserts.
This study combines two scales: The first a Likert scale measuring
punitiveness as such and the second a "Just Deserts" scale testing
public reactions in terms of imprisonment for crime descriptions.
By using Pearson's correlation, no positive correlation could be
established between these two scales. Profiles of the top and bottom
15% scorers on both scales showed that the scales were, if anything,
negatively related.
This information is informative in the sense that opinion polls
showing public discontentment with sentencing cannot be seen as a
true reflection of their reactions to more descriptive cases. / Penology / M.A. (Penology)
|
37 |
Bewysregtelike aspekte by 'n verweer van ontoerekeningsvatbaarheid in strafregtelike verrigtingeStrydom, Jacoba Maria 11 1900 (has links)
Summaries in Afrikaans and English / Text in Afrikaans / 'n Kort elementologiese uiteensetting vir strafregtelike aanspreeklikheid word
gevolg deur bewysregtelike begrippe wat van toepassing is op vermoedens by
toerekeningsvatbaarheid.
Die historiese regsposisie asook die ontwikkeling in die huidige Suid-Afrikaanse
reg met betrekking tot geestesongesteldes, kinders en persone wat 'n verweer
van nie-patologiese ontoerekeningsvatbaarheid insluit, word bespreek. Daar
word gekonsentreer op ·die ontwikkeling van 'n algemene verweer van niepatologiese
ontoerekeningsvatbaarheid.
Die konstitusionele reg, vennoedens en ontoerekeningsvatbaarheid word aan die
hand van Suid-Afrikaanse regspraak en die Interim Grondwet bespreek. Daar
word na buitelandse reg gekyk ten einde 'n aanbeveling te kan maak wat
grondwetlik nie sal indruis op die reg van die individu tot onskuld nie.
'n Algemene verweer van nie-patologiese ontoerekeningvatbaarheid word
onderstellll mits dit met omsigtigheid deur die howe benader word. Die arbitrere
ouderdomsgrens vir vasstelling van toerekeningsvatbaarheid by kinders word
gekritiseer en 'n verhoorbaarheidvasstellingseenheid word aanbeveel. / A short elementological discussion of criminal responsibility is followed by
concepts of law of evidence that is applicable to presumptions of accountability.
The historical legal position as well as the development in the current South
African law and the present legal position with reference to the mentally
disturbed children and persons with a defence of non-pathological
unaccountability are included and discussed.
The constitutional law, presumptions and unaccountablility are discussed with
reference to the South African case law and the Interim Constitution. Foreign
law is perused so that a recommendation could be made that would not interfere
with the rights of the individual to be deemed innocent.
A general defence of non-pathological unaccountability is supported if it is
treated with the necessary circumspection by the courts. The arbitrary age
boundaries for the determination of accountability in children is critized and a
unit to determine trialability for pathological and non-pathological accountability
is recommended. / Criminal and Procedural Law / LL.M.
|
38 |
Misdaad roof in die Suid-Afrikaanse regJoubert, Deidre Johanna 30 November 2008 (has links)
No Abstract available / Jurisprudence / L.LD.
|
39 |
The impact and constitutionality of delayed trials on the rights of a suspect or accused person during criminal proceedingsGopaul, 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 & Procedural Law / LLM
|
40 |
The impact and constitutionality of delayed trials on the rights of a suspect or accused person during criminal proceedingsGopaul, 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
|
Page generated in 0.0828 seconds