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)

The South African legal system is dualistic in nature with the one part consisting of the Western common law and the other consisting of African customary law. Although these two legal systems enjoy equal recognition, they regularly come into conflict with each other due to their divergent value systems. It is especially within the context of the South African criminal law that this conflict becomes apparent, because an accused's conduct can be viewed as lawful in terms of African customary law, but unlawful in terms of the South African common law. In such cases the accused may attempt to raise a cultural defence by putting forth evidence of his cultural background or values to convince the court that his prima facie unlawful conduct is actually lawful and that he should escape criminal liability. Alternatively, an accused may put forth evidence of his cultural background or values in an attempt to receive a lighter sentence. The question which therefore arises is whether a so-called "cultural defence" exists in the South African criminal law, and if so, what the influence of such a defence on the South African criminal law is. The conflict between African Customary law and the South African common law in the context of the criminal law arises due to the fact that the indigenous belief in witchcraft, (including witch-killings), the indigenous belief in the tokoloshe and the use of muti-medicine (including muti-murders), as well as the phenomenon of "necklacing" and the custom of ukuthwala can result in the commission of various common law crimes. In the case of witch-killings, the perpetrators can be charged with the common law crimes of murder or, if the victim survives, attempted murder, common assault or assault with intent to do grievous bodily harm. Similarly, necklacing, as a method used for killing witches, can also result in the commission of these common law crimes. What is more, the perpetrators of witch-killings can also be charged with the statutory crimes of accusing someone of witchcraft, pointing the victim out as being a witch or wizard or injuring a person based on information received from a traditional healer, or similar person. The indigenous belief in the tokoloshe can lead to the commission of the common law crimes of murder or, if the victim survives, common assault or assault with intent to do grievous bodily harm. The perpetrators of mutimurders can also face charges of murder or attempted murder, if the victim survives. The indigenous custom of ukuthwala can result in the commission of common law crimes such as abduction, kidnapping and common assault, as well as the statutory crime of rape. A perusal of South African case law dealing with the indigenous beliefs and customs above reveals that the accused in such cases have indeed attempted to put forth evidence of their indigenous beliefs or customs to persuade the criminal courts that they should escape criminal liability for a particular crime. In fact, these arguments were raised within the context of the existing common law defences such as private defence, necessity, involuntary conduct and a lack of criminal capacity. However, the South African criminal courts have up till now in general been unwilling to accept arguments of indigenous beliefs and customs to serve as a defence, either alone or within the context of the existing defences above, for the commission of a common law or statutory crime. They have, however, been more willing to accept evidence of an accused's indigenous belief or custom to serve as a mitigating factor during sentencing. The extent to which an accused's cultural background will serve as a mitigating factor will, of course, depend on the facts and circumstances of each case. As a result an accused who is charged with the commission of a culturally motivated crime has no guarantee that his cultural background and values will in fact be considered as a mitigating factor during his criminal trial. It is thus ultimately concluded that a so-called "cultural defence" does not exist in the South African Criminal law. The indigenous beliefs and customs above not only result in the commission of common law or statutory crimes, but also in the infringement of various fundamental human rights in the Constitution. Witch-killings result in the infringement of the constitutional right to life and the right to freedom and security of the person. However, witches and wizards who are persecuted for practising witchcraft are also denied their right to a fair trial entrenched in the Constitution. Similarly, muti-murders and necklacing also result in the infringement of the right to life and the right to freedom and security of the person entrenched in the Constitution. The custom of ukuthwala results in the infringement of the right to equality, the right to freedom and security of the person, the right to live in an environment that is not harmful to health or well-being, the right not to be subjected to slavery, servitude or forced labour, the right to basic education and other constitutional safeguards aimed at protecting children. In light of the constitutional right to freedom of culture and the right to freely participate in a cultural life of one's choosing the question can be asked whether the time has come to formally recognise a cultural defence in the South African criminal law. In this study it is argued that these constitutional rights do not warrant the formal recognition of a cultural defence. Instead, it is recommended that the conflict between African customary law and the South African common law can be resolved by bringing indigenous beliefs and customs in line with the values that underpin the Constitution as the supreme law of South Africa. Of course, this does not mean that the courts should ignore cultural considerations during a criminal trial if and when they arise. In fact, as pointed out in this study, the courts have a constitutional duty to apply African customary law when that law is applicable. It goes without saying that, when an accused attempts to escape criminal liability for his unlawful conduct by raising arguments of his cultural background, African customary law will be applicable and must be considered by the court. This in turn raises the question as to how the criminal courts can ensure that they give enough consideration to the possibility that an accused's criminal conduct was culturally motivated so as to comply with their constitutional mandate referred to above. Although it would be nearly impossible to formulate a perfect or flawless approach according to which a judicial officer can adjudicate criminal matters involving culturally motivated crimes, the author suggests the following practical approach which may provide some guidance to judicial officers in dealing with cases involving culturally motivated crimes: • Step 1: Consider whether the commission of the crime was culturally motivated or not. If it seems as though the accused did not commit a culturally motivated crime, the trial can continue on that basis. If, however, it is evident that the accused indeed committed a culturally motivated crime, step 2 follows. • Step 2: Once it has been determined that the commission of the crime was culturally motivated, the next step is to determine which indigenous belief or custom led to the commission of the crime. Once the relevant indigenous belief or custom has been identified, step 3 follows. • Step 3: When it is clear which indigenous belief or custom led to the accused's commission of the crime, the next step is to determine whether arguments pertaining to that particular indigenous belief or custom may be raised within the context of the existing defences in the South African Criminal law in order to exclude the accused's criminal liability. If an accused relies on one of the existing defences in the South African criminal law, he will have to lay a proper evidential foundation for his defence before the court. In assessing the evidence put forth by the accused, the judicial officer must consider the judgment and reasoning in previous cases dealing with the particular indigenous belief or custom. A judicial officer must also consider the values underpinning the Constitution when conducting such an assessment. If a judicial officer upholds an accused's defence, the accused is acquitted. However, if the judicial officer rejects an accused's defence, the accused must be convicted and step 4 follows. • Step 4: Once an accused has been convicted, a court should consider whether arguments of his cultural background can serve as an extenuating circumstance, mitigating the punishment to be imposed on him. However, the practical approach above merely serves as a suggestion to judicial officers in dealing with culturally motivated crimes and ultimately it will be up to the judiciary to develop both the Western common law and African customary law to resolve the criminal law conflicts between these two legal systems. The research for this study was concluded in November 2013. / LLD, North-West University, Potchefstroom Campus, 2014

The South African legal system is dualistic in nature with the one part consisting of the Western common law and the other consisting of African customary law. Although these two legal systems enjoy equal recognition, they regularly come into conflict with each other due to their divergent value systems. It is especially within the context of the South African criminal law that this conflict becomes apparent, because an accused's conduct can be viewed as lawful in terms of African customary law, but unlawful in terms of the South African common law. In such cases the accused may attempt to raise a cultural defence by putting forth evidence of his cultural background or values to convince the court that his prima facie unlawful conduct is actually lawful and that he should escape criminal liability. Alternatively, an accused may put forth evidence of his cultural background or values in an attempt to receive a lighter sentence. The question which therefore arises is whether a so-called "cultural defence" exists in the South African criminal law, and if so, what the influence of such a defence on the South African criminal law is. The conflict between African Customary law and the South African common law in the context of the criminal law arises due to the fact that the indigenous belief in witchcraft, (including witch-killings), the indigenous belief in the tokoloshe and the use of muti-medicine (including muti-murders), as well as the phenomenon of "necklacing" and the custom of ukuthwala can result in the commission of various common law crimes. In the case of witch-killings, the perpetrators can be charged with the common law crimes of murder or, if the victim survives, attempted murder, common assault or assault with intent to do grievous bodily harm. Similarly, necklacing, as a method used for killing witches, can also result in the commission of these common law crimes. What is more, the perpetrators of witch-killings can also be charged with the statutory crimes of accusing someone of witchcraft, pointing the victim out as being a witch or wizard or injuring a person based on information received from a traditional healer, or similar person. The indigenous belief in the tokoloshe can lead to the commission of the common law crimes of murder or, if the victim survives, common assault or assault with intent to do grievous bodily harm. The perpetrators of mutimurders can also face charges of murder or attempted murder, if the victim survives. The indigenous custom of ukuthwala can result in the commission of common law crimes such as abduction, kidnapping and common assault, as well as the statutory crime of rape. A perusal of South African case law dealing with the indigenous beliefs and customs above reveals that the accused in such cases have indeed attempted to put forth evidence of their indigenous beliefs or customs to persuade the criminal courts that they should escape criminal liability for a particular crime. In fact, these arguments were raised within the context of the existing common law defences such as private defence, necessity, involuntary conduct and a lack of criminal capacity. However, the South African criminal courts have up till now in general been unwilling to accept arguments of indigenous beliefs and customs to serve as a defence, either alone or within the context of the existing defences above, for the commission of a common law or statutory crime. They have, however, been more willing to accept evidence of an accused's indigenous belief or custom to serve as a mitigating factor during sentencing. The extent to which an accused's cultural background will serve as a mitigating factor will, of course, depend on the facts and circumstances of each case. As a result an accused who is charged with the commission of a culturally motivated crime has no guarantee that his cultural background and values will in fact be considered as a mitigating factor during his criminal trial. It is thus ultimately concluded that a so-called "cultural defence" does not exist in the South African Criminal law. The indigenous beliefs and customs above not only result in the commission of common law or statutory crimes, but also in the infringement of various fundamental human rights in the Constitution. Witch-killings result in the infringement of the constitutional right to life and the right to freedom and security of the person. However, witches and wizards who are persecuted for practising witchcraft are also denied their right to a fair trial entrenched in the Constitution. Similarly, muti-murders and necklacing also result in the infringement of the right to life and the right to freedom and security of the person entrenched in the Constitution. The custom of ukuthwala results in the infringement of the right to equality, the right to freedom and security of the person, the right to live in an environment that is not harmful to health or well-being, the right not to be subjected to slavery, servitude or forced labour, the right to basic education and other constitutional safeguards aimed at protecting children. In light of the constitutional right to freedom of culture and the right to freely participate in a cultural life of one's choosing the question can be asked whether the time has come to formally recognise a cultural defence in the South African criminal law. In this study it is argued that these constitutional rights do not warrant the formal recognition of a cultural defence. Instead, it is recommended that the conflict between African customary law and the South African common law can be resolved by bringing indigenous beliefs and customs in line with the values that underpin the Constitution as the supreme law of South Africa. Of course, this does not mean that the courts should ignore cultural considerations during a criminal trial if and when they arise. In fact, as pointed out in this study, the courts have a constitutional duty to apply African customary law when that law is applicable. It goes without saying that, when an accused attempts to escape criminal liability for his unlawful conduct by raising arguments of his cultural background, African customary law will be applicable and must be considered by the court. This in turn raises the question as to how the criminal courts can ensure that they give enough consideration to the possibility that an accused's criminal conduct was culturally motivated so as to comply with their constitutional mandate referred to above. Although it would be nearly impossible to formulate a perfect or flawless approach according to which a judicial officer can adjudicate criminal matters involving culturally motivated crimes, the author suggests the following practical approach which may provide some guidance to judicial officers in dealing with cases involving culturally motivated crimes: • Step 1: Consider whether the commission of the crime was culturally motivated or not. If it seems as though the accused did not commit a culturally motivated crime, the trial can continue on that basis. If, however, it is evident that the accused indeed committed a culturally motivated crime, step 2 follows. • Step 2: Once it has been determined that the commission of the crime was culturally motivated, the next step is to determine which indigenous belief or custom led to the commission of the crime. Once the relevant indigenous belief or custom has been identified, step 3 follows. • Step 3: When it is clear which indigenous belief or custom led to the accused's commission of the crime, the next step is to determine whether arguments pertaining to that particular indigenous belief or custom may be raised within the context of the existing defences in the South African Criminal law in order to exclude the accused's criminal liability. If an accused relies on one of the existing defences in the South African criminal law, he will have to lay a proper evidential foundation for his defence before the court. In assessing the evidence put forth by the accused, the judicial officer must consider the judgment and reasoning in previous cases dealing with the particular indigenous belief or custom. A judicial officer must also consider the values underpinning the Constitution when conducting such an assessment. If a judicial officer upholds an accused's defence, the accused is acquitted. However, if the judicial officer rejects an accused's defence, the accused must be convicted and step 4 follows. • Step 4: Once an accused has been convicted, a court should consider whether arguments of his cultural background can serve as an extenuating circumstance, mitigating the punishment to be imposed on him. However, the practical approach above merely serves as a suggestion to judicial officers in dealing with culturally motivated crimes and ultimately it will be up to the judiciary to develop both the Western common law and African customary law to resolve the criminal law conflicts between these two legal systems. The research for this study was concluded in November 2013. / LLD, North-West University, Potchefstroom Campus, 2014

The extant South African literature base on male homicide is relatively small and reveals a paucity of qualitative studies. This study aimed to elicit discourses embedded within the narratives of men involved in homicidal encounters, and to analyse them from a social constructionist perspective. Semi-structured, individual interviews were conducted with 30 male prisoners who were convicted of murder. An analysis of narrative forms, followed by a critical discourse analysis of the narrative contents, was conducted and aimed to assess the social and ideological significance, functions and effects of these discourses. Participants' talk included masculine performances that allowed for positive self-presentation and ways of constructing meaning of their actions for themselves, the interviewer and an `invisible audience'. Narrative forms of stability/continuity, decline, and transformation/growth that relied on normalising, reifying, tipping point, propitiatory and rehabilitatory lexical registers were deployed as a means to position participants as reasonable, normal, rehabilitated, and as `successful' men. Within the narrative contents, participants constructed homicide through exculpatory and justificatory discourses to rationalise and minimise their agency, and drew on essentialist, moral and deterministic notions of male violence. Discourses of spectacular and instrumental violence were also evident. References to male honour, status and power; a defence against emasculation; the assertion of control over commodified female partners; the maintenance of referent familist and ageist discourses; and the normalisation of male violence as a utilitarian tool to access resources in unequal social contexts, underpinned these discourses. The homicidal acts thus represented adapted performances of hegemonic masculinity in a noxious context where this dominant form of masculinity is often unattainable. While participants' talk reproduced hegemonic constructions of masculinity within broader social contexts, it also contested hegemonic orders of moral discourses that govern the legitimacy or illegitimacy of violence. The findings reveal how contexts of discoursal production have a contradictory response to violence - denouncing it, but also simultaneously acting as a pernicious incubatory environment for male homicide. It concludes that the prevention of male homicide must involve the de-linking of masculinities and violence at material, structural and institutional levels, but also within systems of signification, if non-violent masculinities are to gain ascendancy. / Psychology / D.Litt. et Phil.(Psychology)

Cette étude porte sur un type de cinéma italien appelé giallo. Ayant connu une forte popularité au tournant des années 1970 auprès d’un public dit vernaculaire, ces thrillers horrifiques sont encore aujourd’hui réputés pour leurs scènes de meurtre sanglantes et spectaculaires mettant à l’honneur un assassin ganté. Ce mémoire se propose de faire le point sur ces séquences de meurtre et surtout d’expliquer la façon particulière avec laquelle elles sont mises en scène. Pour bien y parvenir, nous en fournissons tout au long des exemples et les soumettons à une analyse détaillée. Notre approche analytique se veut essentiellement formaliste. Il s’agit de déconstruire ces scènes violentes afin d’en révéler certains des rouages. Dans un premier temps, nous rappelons quelques notions fondamentales du cinéma gore et nous penchons sur la problématique que pose invariablement la représentation de la mort au grand écran. Ceci nous permet ensuite d’observer plus amplement comment les réalisateurs du giallo traitent ces scènes d’homicide sur un mode excessif et poétique. Enfin, le rapport érotique à la violence entretenu dans ces scènes est considéré. Cela nous donne notamment l’occasion de nous intéresser à la figure du mannequin (vivant et non vivant) et de voir de quelles manières les cinéastes peuvent par son entremise transmettre un sentiment d’inquiétante étrangeté. / This study aims to explore giallo, a specific type of Italian cinema. Very popular with a vernacular audience at the turn of the 1970s, these horrific thrillers remain notorious for their bloody and spectacular murder scenes showcasing a gloved killer. With this thesis, we seek to review these murder sequences with a focus on explaining the particular way in which they are staged, shot and edited. To fully achieve this, we provide examples from these scenes and submit them to a detailed analysis. Our analytical approach is essentially formalist. We wish to deconstruct these violent scenes and reveal some of their inner workings. At first, we recall some basic notions of gore cinema and look at the problems that the depiction of death on the silver screen invariably raises. This allows us to see how giallo filmmakers treat these murder scenes in an excessive and poetic mode. Lastly, the erotic aspect of violence presented in these scenes is considered. This gives us the opportunity to focus on the figure of the model/mannequin (living and non-living) and see how filmmakers can use it to transmit an uncanny feeling.

Phénomène tabou et peu étudié en droit pénal, le crime d'honneur au Moyen-Orient et dans le monde arabe ne cesse d'alimenter les unes de la presse dans le monde et de relever les antagonismes existant entre les juridictions occidentales et orientales. Souvent qualifié d'inhumain ou relevant de pratiques d'un autre âge, le phénomène du crime d'honneur figure en Jordanie parmi les crimes qui retiennent le plus l'attention publique. On estime qu'un homicide sur quatre est assimilable à ce crime, dans ce pays où l'honneur familial est considéré comme la clé de voûte de l'équilibre social. Toute menace à cet équilibre serait donc le signe d'une décadence à punir afin de rétablir l'ordre originel. Les circonstances du meurtre sont autant d’éléments qui génèrent condamnation ou indulgence de l’opinion publique et de la justice. La position délicate du législateur face au traitement des affaires de crimes d'honneur mérite des éclaircissements historico-culturels et un examen précis des résolutions et des recommandations internationales rendues à l'intention des juridictions jordaniennes. / As a taboo subject that has not been researched enough in the Criminal Law field, crime of honour in the Middle East and in Arab world continues to feed international press headlines and to raise up differences in views between Eastern and Western jurisdictions. Often described as inhuman or as a practice from another age, the phenomenon of honour killings appears among the crimes that attract the most public attention. In Jordan - where family honour is considered as the cornerstone of social balance - studies showed that one of four crimes is a crime of honour. Any threat to this social balance would be a sign of decadence to be punished in order to restore the original balance. The circumstances of honour murders are among elements that generate either conviction or indulgence from public and justice. The delicate legislature position to face up honour crime cases deserves cultural and historical clarifications and an accurate review of international resolutions and recommendations towards Jordan jurisdiction.

This thesis describes the development of codification of criminal law in Czech history. At first I described theory of comparative law, further follows the historical development of criminal law since the beginnings of the Czech state. After that I compared individual criminal codes based on division between general and special part. In special part I focused on the scheme of division of criminal offences into sections. At the end I compared adjustment of several criminal offenses in penal codes. This part contains four criminal offences (murder, theft, high treason and crime of witchcraft), which interfere with many areas of human life.

Syftet med studien var att med kvalitativ forskningsmetod undersöka vilka tankar och känslor allmänheten som brukar poddar och dokumentärer som behandlar mord- och rättegångar har kring själva tittar/lyssnarupplevelsen och hur deras förtroende för rättsväsendet påverkas efter denna konsumtion, samt undersöka hur allmänheten och polisen påverkas av negativ media om rättsväsendet/polisen ur allmänhetens synpunkt. Elva personer intervjuades och intervjudatan analyserades med tematisk analys. Resultatet visade att allmänheten påverkas av att lyssna/titta på poddar och dokumentärer om mord och/eller rättegångar på ett eller annat sätt. En del menade att förtroendet för rättsväsendet sjönk. Alla respondenterna ansåg att dessa typer av medier väckte känslor, dock var dessa känslor relativt individuella. Respondenterna hade liknande åsikter om hur polis och allmänheten påverkas av negativ media. De var överens om att de påverkar förtroendet för polisen och skadar deras arbete samt att allmänheten påverkas mer negativt än vad polisen gör.  Slutsatsen är att konsumtionen av poddar och dokumentärer som behandlar mord- och rättsfall kan spela en viktig roll för att forma individers attityd och uppfattningar om rättsväsendet.

This dissertation examines the trial of Japanese war crimes conducted by Australia between 1945 and 1951; although the study commences in 1943, when the Government first focussed on the issue, and ends in 1961, when the issue was closed. Beyond providing an overview of the trials the thesis addresses the major criticism of the trials by looking at whether the trails were fair and if they fulfilled Australian aims. This is addressed within the context of the two elements of international law, the political, and the legal, and examined in each of the three sections. The Policy section establishes the political context of the trials by examining the influence of the international community and the Australian Government. Both influenced structure and progress rather than the final application of the law. When Australian attitudes were incongruous with international views, a perception that Australia was harsh and repressive developed even though justice was an important part of the Government???s agenda. A study of legal aspects of the trials commences in the Procedures section. Australia???s legislation and regulations are explained with particular emphasis on the more controversial aspects, and a comparison is made with the war crimes instruments of other Allies trying the Japanese showing many similarities between the regulations used by other nations and Australia???s. Procedures also discusses the framework for the Australian trials, the procedures used to bring a case to trial, the process used in court, the review process and the carrying out of sentences. Such a thorough study of the procedural basis is necessary to evaluate the individual trials. Practical examples of some of the procedural problems are also discussed in the following section ??? Practice. This section reviews a number of trials and the various types of crimes and the claims made in defence to show how Australia applied and interpreted the law. The study finds many similarities between Australia???s application of the law and the practice of other nations, indicating that Australian courts were applying what was considered to be customary expectations of behaviour. Throughout the trials there was little evidence of vindictiveness or revenge, either by Government or in the courts. Both were faced with significant problems, which were not always dealt with well but overall the trials were fair and those involved were concerned that justice should not only be seen to be done, but actually be done.

This thesis contextualizes Appalachian murder ballads of the 19th- and early 20th-centuries through a close reading of the lyric texts. Using a research frame that draws from the musicological and feminist concepts of Diana Russell, Susan McClary, Norm Cohen, and Christopher Small, I reveal 19th-century Appalachia as a patriarchal, modern, and highly codified society despite its popularized image as a culturally isolated and “backward” place. I use the ballads to demonstrate how music serves the greater cultural purpose of preserving and perpetuating social ideologies. Specifically, the murder ballads reveal layers of meaning regarding hegemonic masculinities prevalent in 19th-century and turn-of-the-20th-century Appalachian culture. This work also explores the biases and agendas of the early folksong projects in the United States. Examining the arguments of early scholars, I consider the American tradition in juxtaposition to the earlier British forms of music. Rejecting earlier scholarship that argues for the relatedness of British and American balladry, I find that ballads associated with, and circulating in, the United States instead reflect a new cultural idiom grounded in the beliefs of those who sought a conservative Christian aesthetic and way of life in the southern Appalachian mountains. The murder ballads witness that Appalachia, specifically in the 19th-century period of industrial change, was defined by essential tensions between cultural traditions of the past and emerging notions of American modernism. This tension is met in the songs with responses of violence against women whose life situations—marked by sexual freedom—are the very depiction of a new cultural modernism that threatens the hegemony of the past.