South African journal of criminal justice最新文献_第2页

Sentenced by an algorithm — Bias and lack of accuracy in risk-assessment software in the United States criminal justice system 算法判决——美国刑事司法系统风险评估软件存在偏见和准确性不足

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V34/I1A2

W. Gravett

{"title":"Sentenced by an algorithm — Bias and lack of accuracy in risk-assessment software in the United States criminal justice system","authors":"W. Gravett","doi":"10.47348/SACJ/V34/I1A2","DOIUrl":"https://doi.org/10.47348/SACJ/V34/I1A2","url":null,"abstract":"Developments in artificial intelligence and machine learning have caused governments to start outsourcing authority in performing public functions to machines. Indeed, algorithmic decision-making is becoming ubiquitous, from assigning credit scores to people, to identifying the best candidates for an employment position, to ranking applicants for admission to university. Apart from the broader social, ethical and legal considerations, controversies have arisen regarding the inaccuracy of AI systems and their bias against vulnerable populations. The growing use of automated risk-assessment software in criminal sentencing is a cause for both optimism and scepticism. While these tools could potentially increase sentencing accuracy and reduce the risk of human error and bias by providing evidence-based reasons in place of ‘ad-hoc’ decisions by human beings beset with cognitive and implicit biases, they also have the potential to reinforce and exacerbate existing biases, and to undermine certain of the basic constitutional guarantees embedded in the justice system. A 2016 decision in the United States, S v Loomis, exemplifies the threat that the unchecked and unrestrained outsourcing of public power to AI systems might undermine human rights and the rule of law.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125566333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Comment: Wrongful arrest and detention 评论:错误的逮捕和拘留

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V34/I1A5

C. Okpaluba

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Wenzeni uZuma: A jurisprudential study of the unlawfulness of corruption in Africa Wenzeni uZuma:非洲腐败非法性的法理学研究

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v35/i3a1

T. Mosaka

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Prosecuting and punishing copyright infringements in South Africa: A comment on the Copyright Amendment Bill, B13B-2017 南非版权侵权的起诉与处罚:版权修正案B13B-2017评析

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A11

J. D. Mujuzi

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Defining the contours of a ‘criminal gang’ and a ‘pattern of criminal gang activity’ under the Prevention of Organised Crime Act 根据《防止有组织犯罪法》界定“犯罪团伙”的轮廓和“犯罪团伙活动模式”

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v34/i2a4

Delano Cole Van der Linde

{"title":"Defining the contours of a ‘criminal gang’ and a ‘pattern of criminal gang activity’ under the Prevention of Organised Crime Act","authors":"Delano Cole Van der Linde","doi":"10.47348/sacj/v34/i2a4","DOIUrl":"https://doi.org/10.47348/sacj/v34/i2a4","url":null,"abstract":"Before an accused can be convicted under Chapter 4 of the Prevention of Organised Crime Act 121 of 1998 (POCA), two preliminary elements must be proven. These preliminary elements can be found under Chapter 1, and require the accused to be a gang member or active participant in a criminal gang and that a pattern of criminal gang activity should exist. Even though POCA was promulgated over 20 years ago, much uncertainty still exists as to the interpretation of various elements of the preliminary requirements under Chapter 1. This article examines the requirements set out in Chapter 1 of POCA, with a specific focus on how courts have interpreted these requirements. To do so, reference is made, amongst others, to the California Street Terrorism Enforcement and Prevention Act of 1988 (STEP) (as POCA was modelled after this legislation) and Chapter 2 of POCA (which deals with racketeering and is similarly structured to Chapter 4). This article will ultimately illustrate that courts have largely ignored these definitions which gave rise to legal uncertainty. Various suggestions will be made regarding the amendment or desired interpretation of these definitions.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114310410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Victimisation and challenges to integration: Transitional justice response to children born of war in northern Uganda 受害和融合的挑战:对乌干达北部战争中出生的儿童的过渡司法反应

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A4

B. Nanyunja

{"title":"Victimisation and challenges to integration: Transitional justice response to children born of war in northern Uganda","authors":"B. Nanyunja","doi":"10.47348/SACJ/V33/I3A4","DOIUrl":"https://doi.org/10.47348/SACJ/V33/I3A4","url":null,"abstract":"Uganda witnessed one of its worst conflicts between 1986 and 2007. The conflict in northern Uganda was between the government troops and the Lord’s Resistance Army (LRA). Serious crimes were committed against the civilian population. Women and girls were abducted by the rebels to serve as sex slaves and children were born as a result. After the conflict, these children’s integration has not been well received by their communities. It has not been properly addressed by the state operatives either. The children are dismissed as perpetrators of the conflict. Their return has been marred with stigmatisation and ostracism, forcing them to live on the margins of society. After the conflict, a National Transitional Justice Policy was passed. The overarching framework aims at addressing justice and reconciliation through inter alia social reintegration. However, it leaves an accountability gap. The framework largely departs from the needs of this particular community: acknowledging their existence and integration. The purpose of this article is to identify transitional justice opportunities and how these accommodate and advance accountability, integration and reconciliation in addressing victimisation concerns of the war children. Ultimately, it argues that addressing the abuses of the affected communities will ease social [re]integration.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114336818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Note: Towards filling the gaps in the public violence judgment of S v Mei 注:旨在填补S v Mei公众暴力判决的空白

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v34/i2a9

Khulekani Khumalo

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Confronting past gross human rights violations in Ethiopia: Taking stock of the Reconciliation Commission 面对埃塞俄比亚过去严重侵犯人权的行为:对和解委员会的评估

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A3

M. Tessema, Markos Debebe Belay

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Addressing violations of international humanitarian law through the international criminal justice system: A criminologist’s contribution 通过国际刑事司法系统处理违反国际人道主义法的行为:一位犯罪学家的贡献

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A8

S. Sungi

{"title":"Addressing violations of international humanitarian law through the international criminal justice system: A criminologist’s contribution","authors":"S. Sungi","doi":"10.47348/SACJ/V33/I3A8","DOIUrl":"https://doi.org/10.47348/SACJ/V33/I3A8","url":null,"abstract":"The international criminal justice system has resorted to criminal sanctions as the sole response to international criminal offending, including international humanitarian law (IHL) violations. While responding to international criminal offending, the international criminal justice system has overly relied on utilitarianist and retributivist assumptions to criminal punishment that assumes the application of criminal law in enforcing compliance to societal norms in order to deter potential norm violators and to induce compliance. Furthermore, correcting criminal behaviour creates a sense of accountability and appeases victims of international humanitarian law violations and other international crimes. Arguments in support of this strategy also posit that it is important to take these steps because it brings a sense of respect to the rule of law or what is popularly known as fighting ‘impunity’. A reflection on the Nuremberg and the Tokyo trials following World War II seems to have influenced the criminalising of war crimes and other international crimes. On the other hand, criminologists over a century now have been studying causes of crime to influence public policy in crime prevention. It is, therefore, imperative to examine the aetiology of international humanitarian law violations through a criminological lens to inform international criminal justice policy on best approaches in responding to international crimes in general and war crimes in particular. The essay examines international humanitarian violations in the Democratic Republic of Congo to find out whether the international criminal justice system’s response to war crimes meet the purported stated goals of the international criminal justice system. The Lubanga case in the DRC situation is informative since it is the first conviction before the International Criminal Court.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120908852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Homeless victimisation in South Africa and its potential inclusion in the Hate Crime and Hate Speech Bill 南非无家可归者受害及其可能被纳入《仇恨犯罪和仇恨言论法案》

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v34/i2a5

Jean-Paul Pophaim

{"title":"Homeless victimisation in South Africa and its potential inclusion in the Hate Crime and Hate Speech Bill","authors":"Jean-Paul Pophaim","doi":"10.47348/sacj/v34/i2a5","DOIUrl":"https://doi.org/10.47348/sacj/v34/i2a5","url":null,"abstract":"Homelessness is widely seen as a persistent social issue, one that has existed for many years. Although notably under-researched, there exist some reports of severe experiences of victimisation. Due to the very nature of their lifestyle and other external factors, homeless individuals can expect to, and often do experience violence and victimisation at disproportionate rates. Furthermore, homeless individuals are commonly viewed as a surplus population or a disposable mass that cannot possibly be regarded as what society considers an ‘ideal victim’. With the presence of negative socially constructed labels, they are frequently exposed to harsh treatment by other members of society and consequently stripped of their basic constitutional rights, where in many contexts, their very existence is criminalised. Protective legislation at a domestic level is a neglected area and is yet to align with some major international developments, where homeless victimisation has already been identified as a serious enough problem that arguments for its inclusion under hate crime legislation have already started to surface. This paper therefore aims to put forward an argument regarding the plausibility of including the status of homelessness as a new category under the developing Hate Crime and Hate Speech Bill of South Africa.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126006270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0