Thesis (LLM. (Labour Law)) --University of Limpopo, 2014 / This research focuses on the application of the double jeopardy principle in labour law, section 188(1)(a (b) of the Labour Relations Act 66 of 1995, (herein the LRA) which provides that the dismissal is unfair if the employer fails to prove that the reason for the dismissal is fair and was effected in accordance with a fair procedure. The first point which I would explain is the meaning of double jeopardy and whether it is applicable in labour law. The research articulates that the double jeopardy principle applies to labour law and enumerates ways it can be applied. The South African courts, in particular, the Labour Court and the Labour Appeal Court have delivered several judgements on the double jeopardy principle. These cases will be critically discussed in detail. Comparison will be made with foreign labour law jurisprudence on the double jeopardy principle, particularly in Australia and the United States of America.

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 The study demonstrates that South African courts have relied largely on outdated principles derived from English common law, rather than applying the rule by focusing on the values that underlie the rule.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 & Procedural Law / LL.D. (Criminal & Procedural Law)

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)

Since the end of the 20th century the protection better known to all as double jeopardy has been under attack. With public pressure put on the United Kingdom government to address individuals who had been acquitted of violent crimes, the Labour government implemented a radical overhaul of common law criminal procedural protections. The reform created an exception to double jeopardy, allowing re-prosecution of acquitted individuals. Many of the commonwealth countries starting with Australia took the U.K. exceptions and adopted them into their own criminal justice systems. This paper is going to look at the exception created, and the factors that lead to the bypass of such a critical legal protection throughout the commonwealth nations. Then analyze the current state of double jeopardy in Canada to determine if such and exception is needed; or if any factors from the exception can be adapted to strengthen the Canadian criminal justice system.

Since the end of the 20th century the protection better known to all as double jeopardy has been under attack. With public pressure put on the United Kingdom government to address individuals who had been acquitted of violent crimes, the Labour government implemented a radical overhaul of common law criminal procedural protections. The reform created an exception to double jeopardy, allowing re-prosecution of acquitted individuals. Many of the commonwealth countries starting with Australia took the U.K. exceptions and adopted them into their own criminal justice systems. This paper is going to look at the exception created, and the factors that lead to the bypass of such a critical legal protection throughout the commonwealth nations. Then analyze the current state of double jeopardy in Canada to determine if such and exception is needed; or if any factors from the exception can be adapted to strengthen the Canadian criminal justice system.

Univ., Diss.--Trier, 2003. / Literaturverz. S. 517 - 551.

The purpose of this qualitative study was to identify the perceptions African American female principals hold regarding the challenges and opportunities they experienced when seeking and holding administrative positions in a K-12 public school setting. The interview protocol contained open-ended questions and was used to conduct semi-structured interviews with six participants. Findings indicated that when seeking the principalship, African American women inspired to become principals, obtained the required credentials through district-sponsored cohorts and university programs, were knowledgeable of the required skills, felt mentors and networking were most helpful in obtaining a principalship, and noted that as they served as principals, they took advantage of opportunities to serve their school community. They reported that as they sought and served as principals, stereotypes about African American women were unique challenges and their experiences, opportunities, and challenges were different than those of their peers. Implications from the study indicate school district leaders can encourage African American women to pursue the principalship by promoting positive relationships with other administrators and supervisors, developing mentorships, and promoting district-sponsored programs. District leaders must also maintain awareness and combat the stereotypes faced by African American women as they seek and hold administrative positions. / Doctor of Education / The purpose of this qualitative study was to identify the perceptions African American female principals hold regarding the challenges and opportunities they experienced when seeking and holding administrative positions in a K-12 public school setting. The target population was six African American female principals serving in elementary, middle, and high school settings with differing levels of administrative experience, diversity, and socioeconomic status. Semi-structured interviews were conducted with the purpose of uncovering and capturing the perspectives of African American female principals as they seek and serve in the principalship. The analysis of participants' experiences provides a lens district leaders can use to recognize the opportunities of African American female leadership and to address and dismantle the challenges African American female leaders face as they seek and serve in the principalship. Results of the data analysis showed the African American female principals perceived that district-sponsored licensure cohort programs and mentorships were the most helpful in obtaining a principalship and they took advantage of the opportunities as they served in the principalship. Negative stereotypes about African American women were a challenge and they perceived there were differences in seeking and holding the principalship in comparison to their peers. Findings from this study indicate more research is needed on the perspectives of African American female principals as they seek and serve in the principalship in K-12 public schools.

Using the G8 countries’ (Canada, France, Germany, Italy, Japan, the Russian Federation, the United Kingdom, and the United States) samples from the 2003 Programme for International Student Assessment (PISA), this study aimed to explore the phenomenon of double jeopardy in mathematics achievement for socially disadvantaged students. Double jeopardy is a situation of dual penalties where coming from low socioeconomic status (SES) families and attending low SES schools results in concurrent penalties at both the student level and school level in mathematics achievement. This study examined the phenomenon of double jeopardy in the G8 countries across four school locations: rural regions, towns, cities, and metropolitan areas. This study also examined four separate definitions of socioeconomic status in order to determine the effectiveness of each definition. The four definitions corresponded to four SES measures utilized in this study: father’s SES, mother’s SES, family occupation SES, and combined family SES. Multilevel analysis with students nested within schools indicated that significant double jeopardy effects varied according to SES measure, school location, and country. However, the majority of the double jeopardy effects across all the variables were large in magnitude. Furthermore, the combined family SES and the metropolitan school location were often the most sensitive SES measure and school location, respectively, to double jeopardy in the G8 countries.

Universiẗat, Diss., 2006--Marburg.

Vocational rehabilitation (VR) is a program that provides individualized and supportive services to assist individuals with disabilities in obtaining and maintaining employment compatible with their skills, abilities, and interests. Previous research has shown that people with disabilities are at risk for experiencing discrimination in multiple stages of the rehabilitation process. The primary purpose of this study was to explore if recommendations for hypothetical rehabilitation services by rehabilitation counseling students were influenced by (a) the consumer's race, (b) causal attribution of disability, (c) participant's race, and (d) the interaction of the counselor's race and consumer's race. A 2 x 2 x 3 Factorial design was utilized and results from this study revealed that recommendations for rehabilitation services were not influenced by the consumer's race, participant's race, or the interaction of the counselor's race and consumer's race. The findings did reveal that a hypothetical consumer who had an internal cause of disability was more likely to receive fewer recommendations for rehabilitation services then a consumer with an external cause. Discussion and implications are provided.