Thesis (M.S.)--University of Wisconsin--Madison, 1966. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1969. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

Thesis (LL. M.)--Judge Advocate General's School, United States Army, 1975. / "April 1975." Typescript. Includes bibliographical references. Also issued in microfiche.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1992. / Also available in print.

Thesis (Ph. D.)--Florida State University, 2006. / Advisor: Theodore Chiricos, Florida State University, College of Criminology and Criminal Justice. Title and description from dissertation home page (viewed June 7, 2006). Document formatted into pages; contains ix, 152 pages. Includes bibliographical references.

Thesis (Ph. D.)--Drexel University, 2006. / Includes abstract and vita. Includes bibliographical references (leaves 76-80).

THE INJURED PARTY IN CRIMINAL PROCEDURE AND HIS/HER PROTECTION The diploma thesis is engaged in position of injured party in criminal proceedings in the Czech Republic from many aspects: either regarding its historical development on the actual territory of the state, or definition of the term of aggrieved person in compliance with actual legal while respecting position of the Czech Republic within European Union and binding effect of certain European standards for the Czech Republic and its legal system, and binding effect of legal documents from the UN level. Additionally, one can follow the definition of the term "victim of the criminal activity" (oběť), which is not identical with the term "victims of the criminal activity" (poškozený) in the Czech legal system. In other legal orders, however, the terms are identical. Onwards, the attention is paid to process rights of the aggrieved person, particularly to the right to claim the indemnity in the accession proceeding. Next chapter of the diploma thesis describes the institute of declensions, which is relatively new and progressive phenomenon in the Czech law. Final part of the diploma thesis briefly describes condition of providing of information on criminal proceeding with emphasis to providing of information in cases, where victim of the...

Magister Legum - LLM / Civil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes the attainment of access to justice. While progress has been made in enhancing the civil justice system over the years, the aforementioned shortcomings prevail. In recent years the South African government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation once an appearance to defend is entered at court, in order to attempt the settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing the South African civil justice system. In answering the research question of whether this ADR process is suitable to implement in South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process. South Africa may have an adversarial civil justice system, but is no stranger to the practice of mediation. Within South African civil law a number of fields have mentioned mediation as the preferred method of dispute resolution over years. These areas of law will be highlighted in this thesis. Internationally, the jurisdiction of the Australian states of New South Wales and Victoria will also be highlighted. This analysis is done in order to assess the implementation and function of a mediation system, as a preferred method of dispute resolution, across all areas of civil law within an adversarial civil justice system. The current civil justice system in South Africa needs to be remedied due to its negative impact on civil disputants and the nation of South Africa in a broader sense. This thesis does not suggest that mandatory court based mediation is a panacea for all ills plaguing the country’s civil justice system. However, this ADR process may suit South Africa and its implementation may make a considerable remedial contribution and possibly significantly enhance its civil justice system.

Magister Legum - LLM

‘A critical analysis of section 49 of the Criminal Procedure Act 51 of 1977 - ‘The shoot to kill debate’ sought to investigate the rationale and necessity behind the call for yet another amendment of section 49, that purports to clarify the rules under which police are allowed to use their firearms. Bold statements emerged from South Africa’s leaders and several politicians, urging the police to ‘shoot to kill’, and may have the effect of threatening the country’s young and vulnerable constitutional democracy. The research comprised an historical overview of section 49, encompassing the use of force pre- and post- Judicial Matters Second Amendment Act 122 of 1998, followed by an overview of the current section 49. On the face of it, section 49 violates some constitutionally protected rights, among which are the right to life, to freedom and security, against cruel, inhuman or degrading treatment or punishment and to a fair trial, which includes the right to be presumed innocent. The ‘new’ section 49 however, withstood Constitutional muster as set out in Re: S v Walters&another. The research proceeded to contrast the current section 49, against the common law defence of private defence. A private individual invoking the defence of private defence is weighed against the law enforcement official invoking the defence under section 49. It is argued that the level of proof in the latter is higher as opposed to the former, resulting in the contention that the law enforcement officer is unfairly discriminated against. The reverse onus, whereby the onus is shifted onto the arrestor, is further canvassed. In an endeavour to interpret the Bill of Rights of the Constitution of South Africa Act 108 of 1996, the researcher considered international instruments such as the Canadian Constitution, where the use of force in effecting an arrest is regarded as legitimate, under certain conditions. In concluding the research it was established that the voiceferous calls, for the police to be able to ‘shoot to kill’, is both unnecessary and irresponsible. Section 49 has survived constitutional scrutiny. The use of force when effecting an arrest is sanctioned, provided that it is in line with the constitutional provisions where the sanctity of human life is respected and emphasized. The police do not need more powers to use deadly force because they already have all the powers that they need! There is a lack of knowledge and understanding by the leaders on the application and interpretation of section 49. Proper and effective training of police in Criminal Procedure and Criminal Law, specifically in the interpretation and understanding of section 49, with proper guidelines to limit the potentially excessive scope of section 49, is identified. The training should also include the mind set that ‘shooting to kill’, should not be taken lightly, should be limited and confined to what is reasonable and proportional in the circumstances and should only be exercised as a last resort A fully capacitated and well resourced police force will also empower and enable police officials. / Dissertation (LLM)--University of Pretoria, 2011. / Public Law / unrestricted