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Cette recherche se situe à l’intersection du contrôle des pratiques policières et du désengagement policier, un sujet de plus en plus repris par les sphères médiatiques et politiques du Québec aujourd’hui. Plus particulièrement, elle s’intéresse à la manière dont les récits policiers sur le désengagement se construisent en lien avec l’expérience des plaintes à leur encontre et des procédures subséquentes (déontologiques, disciplinaires, criminelles). La police ressent ces dernières années l’avènement d’une diminution généralisée des interventions policières, en lien avec une peur des officiers en première ligne d’être punies. Pourtant, nous ne savons pas si le phénomène existe et s’il est réellement problématique. À l’aune de 59 témoignages policiers, nous proposons d’approfondir cette dimension des pratiques policières. Les résultats indiquent qu’il existe un écart important entre les histoires sur le désengagement de la police, en général, et l’affirmation de son propre désengagement. Plus particulièrement, trois types d’individus émergent des analyses : les policiers·ères non désengagés (36.7%), les policiers·ères partiellement désengagés (47%) et les policiers·ères totalement désengagés (16.3%). Plus les participants·es se sont rapportés hautement désengagés, plus ils sont susceptibles d’avoir : (1) été mis en examen en interne par leur organisation d’appartenance; (2) sous l’initiative de leur employeur (absence d’allégation citoyenne); (3) été l’objet d’au moins une mesure préventive en attente des procédures (réaffectation, suspension); (4) été déclarés coupables et sanctionnés, et ce; (5) en lien avec des pratiques dites « proactives » visant la lutte au crime perçu. Par conséquent, à l’inverse des hypothèses soulevées jusqu’à présent, n’impliquant qu’une origine extra-organisationnelle au phénomène (tribunaux, médias), nos données indiquent que la source première des formes extrêmes et problématiques de désengagement serait de nature intra-organisationnelle, émanant d’une rupture de confiance entre les policiers·ères et leur employeur. Ces observations permettent d’ouvrir la discussion sur l’encadrement des pratiques policières. / This research is situated at the intersection of the control of police practices and depolicing, a subject increasingly highlighted by the media and political spheres in Quebec today. Specifically, it examines how police narratives of disengagement are constructed in response to the experience of complaints against them and subsequent proceedings (deontological, disciplinary, criminal). In recent years, police have announced a general reduction in police interventions, attributing it to frontline officers' fear of repercussions. However, it remains unclear whether this phenomenon truly exists or constitutes a problem. Drawing from 59 police interviews, we aim to delve deeper into this aspect of police practices. The findings reveal a significant disparity between generalized narratives of police disengagement and personal claims of disengagement. More precisely, the analysis identifies three categories of officers: non-disengaged (36.7%), partially disengaged (47%), and fully disengaged (16.3%). Participants who reported higher levels of disengagement were more likely to have: (1) undergone internal investigations within their organization; (2) been subject to employer-initiated actions (independent of citizen complaints); (3) experienced preventive measures such as reassignment or suspension pending proceedings; (4) been found guilty and sanctioned; (5) associated with so-called "proactive" strategies targeting perceived crime. Contrary to previous hypotheses that suggested an external origin of the phenomenon (e.g., courts, media), our data indicate that the primary source of extreme and problematic disengagement lies within the organization itself, stemming from a breakdown in trust between officers and their employers. These observations initiate a discussion on the regulation of police practices.

This dissertation evaluates the feasibility of extending restorative justice to school disciplinary action in South African schools. It considers developments in education and identifies relevant shortcomings before addressing them. The extension of restorative justice to school disciplinary action establishes a new way of thinking that has, until recently, not been applied to civil law. In Dikoko v Mokhatla (2007 (1) BCLR 1 (CC)) honourable justice Sachs ruled that any remedy applied in civil law must aim for the restitution of relationships, rather than punishment of the guilty party. Children are often on unequal footing compared to adults when it comes to prosecution or punishment and consequently they are exposed to excessive punitive measures, as illustrated by the Dey saga (Le Roux and Others v Dey 2011 (3) SA 274 (CC)). The implementation of restorative justice as an alternative to current school disciplinary action may result in limiting these excessive punishments. Because of the universal nature of the subject a comparison will be made to the successful implementation of restorative justice programs in the United Kingdom, Australia and New Zealand. The various departments of education in these countries have developed proactive strategies for managing students' behaviour. In New Zealand, schools place particular emphasis on the use of restorative practices, rather than suspension, to ensure the establishment of beneficial learning environments. Furthermore, parents’ and community members' involvement is encouraged by inter alia the National Safe Schools Framework, which has been implemented in Australia since 2003. These countries have long been regarded as leaders in the field of restorative justice. It is of the utmost importance to consider international trends due to the guidance that it can offer school governing bodies in South Africa. The principle of restorative justice has received extensive international support due to various practical tools that have been developed by the above-mentioned countries. Therefore, these tools are considered in order to assist governing bodies in determining the way forward in South African schools. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

This dissertation evaluates the feasibility of extending restorative justice to school disciplinary action in South African schools. It considers developments in education and identifies relevant shortcomings before addressing them. The extension of restorative justice to school disciplinary action establishes a new way of thinking that has, until recently, not been applied to civil law. In Dikoko v Mokhatla (2007 (1) BCLR 1 (CC)) honourable justice Sachs ruled that any remedy applied in civil law must aim for the restitution of relationships, rather than punishment of the guilty party. Children are often on unequal footing compared to adults when it comes to prosecution or punishment and consequently they are exposed to excessive punitive measures, as illustrated by the Dey saga (Le Roux and Others v Dey 2011 (3) SA 274 (CC)). The implementation of restorative justice as an alternative to current school disciplinary action may result in limiting these excessive punishments. Because of the universal nature of the subject a comparison will be made to the successful implementation of restorative justice programs in the United Kingdom, Australia and New Zealand. The various departments of education in these countries have developed proactive strategies for managing students' behaviour. In New Zealand, schools place particular emphasis on the use of restorative practices, rather than suspension, to ensure the establishment of beneficial learning environments. Furthermore, parents’ and community members' involvement is encouraged by inter alia the National Safe Schools Framework, which has been implemented in Australia since 2003. These countries have long been regarded as leaders in the field of restorative justice. It is of the utmost importance to consider international trends due to the guidance that it can offer school governing bodies in South Africa. The principle of restorative justice has received extensive international support due to various practical tools that have been developed by the above-mentioned countries. Therefore, these tools are considered in order to assist governing bodies in determining the way forward in South African schools. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Text in Afrikaans / Werknemers is benewens sekere hoogs uitsonderlike gevalle altyd voor ontslag op substantiewe - en prosessuele billikheid geregtig, hetsy in 'n individuele ofkollektiewe verband. Prosessuele billikheid in besonder het 'n inherente waarde, o.a. omdat die uiteinde van 'n proses nie voorspel kan word nie. Die werkgewer word ook daardeur in staat gestel om die feite te bekom, en arbeidsvrede word daardeur gehandhaaf. Van verdere belang vir prosessuele billikheid is die nakoming van eie of ooreengekome prosedures, die beskikbaarstelling van genoegsame inligting, voorafkennisgewing en bona fide optrede deur die werkgewer. Die primere remedie in die geval van 'n onbillike ontslag is herindiensstelling, alhoewel herindiensstelling nie in die geval van 'n prosessuele onbillike ontslag beveel behoort te word nie. Die riglyne soos in die verlede deur die howe en arbiters ontwikkel is grootliks in die Konsepwet op Arbeids= verhoudinge, soos bevestig in die Wet op Arbeidsverhoudinge, 1995, gekodifiseer. / Prior to dismissal employees are always entitled to substantive - and procedural fairness, be it in an individual or a collective context, subject to highly exceptional circumstances. Procedural fairness in particular has an inherent value, inter alia because the outcome of a process cannot be predicted. The employer also thereby establishes the facts and by conducting a process, labour peace is promoted. Also of importance for procedural fairness is adherance to own or agreed procedures, providing the employee with sufficient information, prior notification and bona fide conduct by the employer. The primary remedy in the case of an unfair dismissal is reinstatement, though reinstatement should not follow in the case of a dismissal which is (only) procedurally unfair. The guidelines as developed by the courts and arbitrators have largely been codified in the Draft Labour Relations Bill, as subsequently confirmed in the Labour Relations Act, 1995. / Mercentile Law / LL. M.

During the past twenty years, extensive research has been conducted concerning the judgmental processes of labor arbitrators. Previous research, sometimes referred to as policy capturing, attempted to identify the criteria or standards used by arbitrators to support their decisions. Much of the research was qualitative. Due to the categorical nature of the dependent variables, log-linear models such as logit regression have been used to examine decisional relationships in more recent studies. The decision cues used by arbitrators in 249 published alcohol- and drug-related arbitration cases were examined. The justifications for arbitrators' decisions were fitted into Carroll Daugherty's "seven tests" of just cause. The dominant cues were proof of misconduct, the appropriateness of the penalty, and the business necessity of management's action. Foreknowledge of the rule by the grievant and the consequences of a violation, equal treatment of the grievant, and an appropriate investigation by management were also important decision cues. In general, grievants in alcohol and drug arbitration cases fared as well as grievants in any other disciplinary arbitrations. However, when the cases were analyzed based on the legal status of the drug, illicit drug users were at a considerable disadvantage.

With criminal cases continuing to be exonerated across the United States, research must be done on the subject to advance current practices to reduce its occurrence in the future. This study combines county population data with the National Registry of Exonerations to analyze the contributing factors to wrongful convictions and the possible effect of population on their frequency. The objective of this study was to identify specific policy changes based on the five contributing factors to wrongful convictions that could be applied to population specific areas. The results yielded multiple patterns that are discussed thoroughly. These findings allowed the introduction of policy changes and proposals for future research.

There is increasing concern in news media sources regarding police killings of unarmed Black males. However, there is limited research on the portrayal of such incidents in the news and the implications for police-community relations in African- American communities. In order to address this gap, this study analyzed 120 experts’ quotes provided by two of the largest and most respected newspapers in the United States -- the New York Times and USA Today. This research comprised a content analysis of quotes related to the deaths of Eric Garner (Staten Island, New York), Michael Brown (Ferguson, Missouri), and Freddie Gray (Baltimore City, Maryland). A number of factors are discussed: The news organization’s predominate category and specialty of experts selected; whether the experts’ quotes attributed to pro-police or community bias; if the experts’ quotes discussed social or racial inequalities in the cities selected; whether the experts addressed evidence-based strategies necessary to improve police-community relations in the Black community, and whether experts’ quotes discussed solutions to improve police and community relations in the Black community. The findings suggest that the selected national news sources, in the one year following the deaths of each of the unarmed victims, highlighted quotes from state manager, particularly politicians, at a much higher rate than intellectuals. Although revealing a substantial level of procommunity bias, the quotes presented very little regarding evidence-based strategies for improving police-community relations in the Black community and reducing the number of unarmed deaths caused by police. The implications for research on media and crime as well as policing strategies are discussed. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2016. / FAU Electronic Theses and Dissertations Collection