The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulted in a re-look at our penal policy and has placed great emphasis on the rights of prisoners. These rights flow from the rights to equality, dignity and liberty. The Constitution has entrenched certain rights of criminal suspects, including the right to a fair trial. Legislation has been introduced to ensure compliance with the constitutional imperatives. The new dispensation has given rise to debate on many issues, and facilitated a rise of a victims’ movement seeking to promote victim interests. This movement has noted that offenders and alleged offenders enjoy a series of constitutional rights, and that corresponding rights for crime victims need to be introduced. Victims are unlikely to be accorded rights in the literal sense of the word; nevertheless, they need to be accommodated within the criminal justice system. This need has given birth to a charter for crime victims, a document that seeks to empower crime victims. The perception remains, however, that offenders and crime suspects still enjoy too much protection, to the detriment of victim interests. The development of victim rights is hampered by the adversarial nature of the country’s criminal justice system and the perception that victims have no role to play within the criminal process, other than as witnesses. The purpose of the thesis is to analyse the extent to which our Bill of Rights strikes a balance between the interests of alleged offenders and offenders on the one hand, and crime victims on the other. It also seeks to create awareness about the plight of crime victims and to make suggestions on possible solutions. / Criminal & Procedural Law / LLD (Criminal & Procedural Law)

Text in Afrikaans / Alhoewel die Grondwet van die Republiek van Suid-Afrika die bestaande reg op regsverteenwoordiging uitgebrei het tot sy logiese eindpunt, is daar geen vaste inhoud aan hierdie reg gegee nie en sal die howe die omvang daarvan moet ontwikkel. Hierdie reg kan weens die heersende sosiale en ekonomiese omstandighede nie 'n absolute reg wees nie. Indien 'n beskuldigde nie 'n regsverteenwoordiger kan bekostig nie, sal een op staatsonkoste aan horn verskaf word, maar slegs indien <lit andersins tot wesentlike onreg sal lei. In so 'n geval het die beskuldigde nie die reg op 'n regsverteenwoordiger van sy keuse nie. Effektiewe regsverteenwoordiging word ook nie gewaarborg nie. Daar word derhalwe steeds nie aan die sine qua non van 'n volledige strafregplegingstelsel soos <lit oor tyd in die Verenigde State van Amerika ontwikkel het, <lit is die verskaffing van kostelose regsverteenwoordiging aan elke behoeftige persoon beskuldig van 'n emstige misdaad, voldoen nie / Although the Constitution of the Republic of South Africa has extended the existing right to legal representation to its logical conclusion, no definitive substance has been given to this right and the courts will have to develop the purview thereof. This right cannot be an absolute right because of ruling social and economic circumstances. Should an accused not be able to afford a legal representative, one will be supplied to him at state expense, but only if substantial injustice would otherwise result. In such an event the accused is not entitled to a legal representative of his choice. Effective legal representation is also not guaranteed. There is therefore still not compliance with the sine qua non of a comprehensive criminal justice system as has developed over time in the United States of America, that is the provision of free legal representation to every indigent person accused of a serious crime / Criminal & Procedural Law / LL.M. (Straf en Prosesreg)

Late-nineteenth and early twentieth-century Dundee had a strikingly large female workforce and this fact has attracted much scholarly attention. But existing research has not probed the official crime records to determine whether the associated local stereotype of the disorderly mill worker, as a ‘moral blot' on the landscape, is justified. This study looks at female criminality in Dundee 1865–1925. It finds that drunkenness, breach of the peace and theft were the leading female offences and that the women most strongly associated with criminality belonged to the marginalised sections of the working class. Amongst them were the unskilled mill girls prominent in the contemporary discussions, but it was prostitutes and women of ‘No Trade' who appear to have challenged the police most often. They were frequently repeat offenders and consequently this thesis devotes considerable attention to the women entrenched in Dundee's criminal justice system. A pattern noted in the city's recidivism statistics, and often echoed elsewhere, is that the most persistent offenders were women. The fact that men perpetrated the majority of petty crime raises the suspicion that the police statistics capture differential policing of male and female recidivists – an idea that builds upon feminist theory and Howard Taylor's stance on judicial statistics. Yet a detailed study of the archives reveals that there are as many examples of the police treating women fairly as there are of gender-biased law. Indeed, several practical constraints hindered over-zealous policing, one of which was the tendency of the local magistrates to throw out cases against prostitutes and female drunks. This thesis, taking the police and court records as a whole, emphasizes that it was generally pragmatism, rather than prejudice, that guided the sanctioning of female recidivists in Dundee.

Made available in DSpace on 2016-04-29T14:17:42Z (GMT). No. of bitstreams: 1 Tese de doutorado.pdf: 1457977 bytes, checksum: 57ee49ac005bdd05c05c9c790bbe2a41 (MD5) Previous issue date: 2005-06-15 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / The present thesis: The socio-penal control of adolescents on judicial process in São Paulo : between protection and punishment, is aimed at the examination of the effective results of the socio-penal control of adolescents involved in infringement process. The references selected were the Children and Adolescents Statute and the Juvenile Justice Administration System in São Paulo. The field for investigation chosen was the examination of the legislation (Minors Code 1979, Children and Adolescent Statute and Penal Code) and an analysis of 42 lawsuit papers filed during 2000, at the Forum of Special Jurisdiction for Infancy and Youthful of São Paulo State Justice Court. The results obtained indicate that: a) in the Minors Code 1979, there was already an intention of socio-penal control of adolescents involved in infringement process, but its materialization was instituted by ECA; b) regarding the Minors Code, many processes of discontinuity and continuity happened with ECA, remaining still the socio-historical of capitalist society; c) ECA owns Penal Code awards to normalize the procedures of infringement acts perpetrate by adolescents; d) the administration systems of juvenile justice promotes injustice instead of justice and also facilitate the occurrence of a perverse cycle of adolescents incrimination; e) the paradigm of integral protection conceived adolescents as subjects of rights and duties, constituting the juvenile penal right, that besides establishing the adolescent right to be summoned to court , established also his possibility to be deprived of liberty and ,therefore, to suffer a penal punishment; f) the juvenile penal right was converted into minors penal right, when it did not implement the quality of processual security of a due legal process; g) there is a tutelary and operating conception of socio-educative measures for the socio-juridical practices; h) ECA sociable horizon is regulated by the plan of a conservative modernization. Such assemblage of elements drive us to a (in) conclusion that pointed over and above the juvenile socio-penal control / A tese O controle sócio-penal dos adolescentes com processos judiciais em São Paulo: entre a proteção e a punição, teve como objetivo examinar a efetivação do controle sócio-penal dos adolescentes que respondem por processos infracionais. Adotou por referência o Estatuto da Criança e do Adolescente e o Sistema de Administração da (in) Justiça Juvenil em São Paulo. Tomou-se como campo de investigação o exame das leis Código de Menores de 1979, Estatuto da Criança e do Adolescente e Código Penal e a análise de 42 autos processuais arquivados, no ano de 2000, no Foro das Varas Especiais da Infância e da Juventude do Tribunal de Justiça do Estado de São Paulo. Os resultados alcançados revelam que: a) no Código de Menores de 1979, já existia uma intenção de controle sócio-penal dos adolescentes autores de ato infracional, mas sua materialização foi instituída no ECA, com fundamentos no devido processo legal; b) no ECA, em relação ao Código de Menores de 1979, ocorreram processos de descontinuidades e de continuidades, permanecendo os determinantes sócio-históricos da sociedade capitalista; c) o ECA tem aporte do Código Penal para normatizar os procedimentos do ato infracional praticado por adolescentes; d) o sistema de administração da justiça juvenil promove injustiça ao invés de justiça bem como possibilita a efetivação de um ciclo perverso de criminalização dos adolescentes; e) o paradigma da proteção integral concebeu o adolescente como sujeito de direitos e de deveres, instituindo o direito penal juvenil. A partir deste, o adolescente pode ser responsabilizado penalmente; f) o direito penal juvenil foi transformado em direito penal de menores, quando não implementou com qualidade as garantias processuais do devido processo legal; g) existe uma concepção tutelar e operacional das medidas sócio-educativas nas práticas sócio-juridicas; h) o horizonte societário do ECA está pautado no plano da modernização conservadora. Este conjunto de elementos levou a uma (in) conclusão, que apontou para além do controle sócio-penal juvenil

When conducting research on crime, scholars are generally inclined to focus on the aetiology, hence our comprehension of biological and/or environmental factors as antecedents of crime. In this study, however, acknowledgement was given to ex-offenders who, once released from prison showed positive signs of disengagement from crime and posed the following questions: what are the lived experiences of ex-offenders who desist from crime and what are the reasons influencing their decisions to stop offending? Four adult male ex-offenders of African descent between the ages of 30 and 42 participated in the study. The researcher, inspired by his insider position as an ex-offender aimed to explore and describe the lived experiences of other ex-offenders who had stopped offending, or who were in the process of disengaging from crime. An interpretive phenomenological approach including three theories of criminal desistance were used to ground the study. Data were collected via semi-structured interviews and analysed thematically. Results showed that the processes of criminal desistance are unique and contextual, particular rather than universal, and that change can be attributed to intra-individual factors facilitated by strong quality social bonds / Psychology / M.A. (Psychology)

The judicial system is moving away from a retributive justice system to a more rehabilitative, restorative justice system. Diverting youth offenders from the justice system by alternative sentencing options such as diversion programmes is one way of doing this. Jt was found that a need exists for the development of a therapeutic programme for the rehabilitation of youth offenders in South Africa. The purpose of the study was to detennine the content of therapeutic rehabilitation programme and subsequently to develop a provisional therapeutic programme for youth offenders. The first part of the literature study summarized a number of theories used to explain the incidence of youth offence. The second part of the literature study discussed various risk factors that could lead to youth offence. Thirdly, the juvenile justice system in South Africa was discussed. Finally, the characteristics of effective rehabilitation programmes were discussed and a number of international and South African rehabilitation programmes were evaluated in tenns ofthese characteristics. In the literature study certain aspects for inclusion in a rehabilitation programme were identified. A list of topics that should be addressed by a rehabilitation programme was drawn up. A provisional therapeutic programme was compiled using the information gained from the literature study and the needs for a programme as identified by staff members at the facility where the programme was to be conducted. The programme was based on experiential learning. lt included a number of activities that addressed the topics identified by the literature study. The provisional programme was evaluated in tenns of its short-term effectiveness and adjustments to the programme were made. The adjusted programme was conducted at two other facilities and evaluated in tenns of its short-term effectiveness by the researcher, the staff at these facilities and the youth who took part in the programme. Staff at the two facilities where the empirical study took place were asked to complete questionnaires to identify their needs with regards to a rehabilitation programme as well as background questionnaires on the youth who were taking part in the programme. Recommendations for further improvements of the programme were made. / Psychology of Education / D. Ed. (Psychology of Education)

With the establishment of the Directorate of Special Operations (Scorpions), the Asset Forfeiture Unit (AFU), the Special Investigating Unit (SIU) and the Departmental Investigating Unit (DIU), questions were asked as to whether this is a creation of new units of the Police Service. These questions were exaggerated by the fact that the media uses the term "Scorpions" whenever the Scorpions, the AFU, SIU and the DIU perform their functions. South African legislation that governs organised crime does not demarcate activities to be dealt with by the SAPS, AFU, DIU, Scorpions and the SIU. The Constitution of South Africa lays down the objects of the police, but it is silent about the objectives of the Scorpions, AFU, SIU, DIU and other investigative institutions except that it only mentions the creation of a single National Prosecuting Authority (NPA). A literature study was used as the basis for this study. In addition, unstructured interviews and observation were used to gather evidence from the relevant stakeholders. An analysis of the SAPS Detective Service, the Special Investigating Unit (SIU), the Scorpions, the Departmental Investigating Unit (DIU) of the Department of Correctional Services and the Asset Forfeiture Unit (AFU), was done in order to establish the overlapping of functions. Indeed, overlapping was discovered between the Scorpions and the SAPS Detective Service, the AFU and the SIU, as well as between the SAPS and the DIU. In order to make a proper finding, an analysis was done of anti-corruption agencies in Botswana, Nigeria, Malawi and Hong Kong. The findings indicate that the better way of fighting corruption, fraud, economic and financial crimes, is through the establishment of a single agency that will work independently from the police, with a proper jurisdiction. / Criminology and Security Science / D.Litt. et Phil.(Police Science)

In this study focus is placed on the Impact of the Namibian judiciary system on the sexually-abused child witness and recommendations were made to criminal justice professionals. A literature study was undertaken to establish a grounded theoretical perspective. A single case study was done to evaluate how the Gestalt Play Therapy Process can be applied to mitigate some of the negative effects the judicial system has on the child witness. An empirical study was done and a qualitative approach was utilised. Semi-structured interviews were conducted with children, their parents and criminal justice professionals. Major findings of this study are that the Namibian criminal justice system leads to further traumatization of the sexually-abused child witness and that the Gestalt Play Therapy approach can be applied to make the court proceedings less traumatic and even therapeutic for the child witness. Recommendations were formulated for criminal justice professionals / In hierdie verhandeling is gefokus op die impak van die Namibiese regstelsel op die seksueel-misbruikte kindergetuie en daar word aanbevelings gedoen aan professionele persone in die kriminele regstelsel. 'n Literatuurstudie is gedoen om 'n grondige toeretiese perspektief daar te stel. 'n Enkele gevallestudie is uitgevoer om te evalueer hoe die Gestalt Spelterapieproses toegepas kan word om die hofverrigtinge vir die kind minder traumaties te maak. 'n Empiriese studie is gedoen en 'n kwalitatiewe benadering is gebruik. Semi-gestruktureerde onderhoude is gevoer met kinders, hulle ouers en professionele persone wat met seksueel-misbruikte kindergetuies werk. In die studie is bevind dat die Namibiese regstelsel addisionele trauma veroorsaak vir die kindergetuie en dat die Getaltspelterapiebenadering gebruik kan word om die hofervaring minder traumaties en selfs terapeuties te kan maak vir die kindergetuie. Aanbevelings is gedoen aan professionele persone wat met kindergetuies werk. / Social work / M.Diac. (Play Therapy)

The South African Constitution, with its Bill of Rights, represents a decisive break with the past and a great advance by South Africans in reclaiming their human dignity and fundamental freedoms. Before 1993 punishment of crime was defined by the social order which had been designed under the apartheid government; prisoners were generally subjected to cruel and degrading treatment while criminal suspects could be detained indefinitely and without trial. The penal system was to some extent directed at controlling and regulating the conduct of Blacks. The constitutional dispensation has resulted in a re-look at our penal policy and has placed great emphasis on the rights of prisoners. These rights flow from the rights to equality, dignity and liberty. The Constitution has entrenched certain rights of criminal suspects, including the right to a fair trial. Legislation has been introduced to ensure compliance with the constitutional imperatives. The new dispensation has given rise to debate on many issues, and facilitated a rise of a victims’ movement seeking to promote victim interests. This movement has noted that offenders and alleged offenders enjoy a series of constitutional rights, and that corresponding rights for crime victims need to be introduced. Victims are unlikely to be accorded rights in the literal sense of the word; nevertheless, they need to be accommodated within the criminal justice system. This need has given birth to a charter for crime victims, a document that seeks to empower crime victims. The perception remains, however, that offenders and crime suspects still enjoy too much protection, to the detriment of victim interests. The development of victim rights is hampered by the adversarial nature of the country’s criminal justice system and the perception that victims have no role to play within the criminal process, other than as witnesses. The purpose of the thesis is to analyse the extent to which our Bill of Rights strikes a balance between the interests of alleged offenders and offenders on the one hand, and crime victims on the other. It also seeks to create awareness about the plight of crime victims and to make suggestions on possible solutions. / Criminal and Procedural Law / LLD (Criminal & Procedural Law)

Text in Afrikaans / Alhoewel die Grondwet van die Republiek van Suid-Afrika die bestaande reg op regsverteenwoordiging uitgebrei het tot sy logiese eindpunt, is daar geen vaste inhoud aan hierdie reg gegee nie en sal die howe die omvang daarvan moet ontwikkel. Hierdie reg kan weens die heersende sosiale en ekonomiese omstandighede nie 'n absolute reg wees nie. Indien 'n beskuldigde nie 'n regsverteenwoordiger kan bekostig nie, sal een op staatsonkoste aan horn verskaf word, maar slegs indien <lit andersins tot wesentlike onreg sal lei. In so 'n geval het die beskuldigde nie die reg op 'n regsverteenwoordiger van sy keuse nie. Effektiewe regsverteenwoordiging word ook nie gewaarborg nie. Daar word derhalwe steeds nie aan die sine qua non van 'n volledige strafregplegingstelsel soos <lit oor tyd in die Verenigde State van Amerika ontwikkel het, <lit is die verskaffing van kostelose regsverteenwoordiging aan elke behoeftige persoon beskuldig van 'n emstige misdaad, voldoen nie / Although the Constitution of the Republic of South Africa has extended the existing right to legal representation to its logical conclusion, no definitive substance has been given to this right and the courts will have to develop the purview thereof. This right cannot be an absolute right because of ruling social and economic circumstances. Should an accused not be able to afford a legal representative, one will be supplied to him at state expense, but only if substantial injustice would otherwise result. In such an event the accused is not entitled to a legal representative of his choice. Effective legal representation is also not guaranteed. There is therefore still not compliance with the sine qua non of a comprehensive criminal justice system as has developed over time in the United States of America, that is the provision of free legal representation to every indigent person accused of a serious crime / Criminal and Procedural Law / LL.M. (Straf en Prosesreg)