South African journal of criminal justice最新文献_第3页

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v34/i2a12

S. Terblanche

引用次数: 0

Understanding one’s rights when arrested and detained: An assessment of language barriers that affect comprehension 理解被逮捕和拘留时的权利:对影响理解的语言障碍的评估

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V34/I1A1

T. Carney

{"title":"Understanding one’s rights when arrested and detained: An assessment of language barriers that affect comprehension","authors":"T. Carney","doi":"10.47348/SACJ/V34/I1A1","DOIUrl":"https://doi.org/10.47348/SACJ/V34/I1A1","url":null,"abstract":"Difficult text formulations, on the one hand, as well as poor linguistic skills and comprehension on the other, can severely hamper the communication effort of basic human rights during the judicial process. The rights entrenched in s 35 of the Constitution of South Africa (Act 108 of 1996), as they apply to individuals who are arrested, detained and accused, and read out by a member of the local South African Police Service (SAPS), are written in a legal register that can be too difficult for additional language speakers to understand. This begs the question of whether arrested, detained and accused individuals are fully aware of their rights and whether they can exercise these rights if they do not understand the language that expresses them. This article appraises the potential comprehensibility of the notice of rights (SAPS 14A), as provided to arrested, detained and accused individuals by the SAPS. The researcher’s assessments indicate that the text is pitched at an English readability level suited to university graduates and could be too difficult for South Africans with limited schooling and linguistic abilities to comprehend. A revision of SAPS 14A is offered as an illustration of a possible improvement to increase readability and, subsequently, better access to the mentioned rights.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"9 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":"134221695","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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Comparing sentencing for robbery with Strafzumessung für Raub 比较抢劫罪与Strafzumessung fr Raub的判刑

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v35/i2a2

S. Terblanche

{"title":"Comparing sentencing for robbery with Strafzumessung für Raub","authors":"S. Terblanche","doi":"10.47348/sacj/v35/i2a2","DOIUrl":"https://doi.org/10.47348/sacj/v35/i2a2","url":null,"abstract":"It is a safe assumption that robbery exists, as a crime, in virtually every legal system. Very broadly spoken, it is a crime that consists of the forceful taking of another person’s property. Robbery is often regarded as one of the more serious crimes that can be committed. Such seriousness is then reflected in the severity of the sentence imposed on the robber. However, not all robberies are equally serious. What factors determine whether one robbery is more or less serious than another? From a South African perspective, the answer to this question is far from certain. This uncertainty exists even though robbery is prevalent – in other words, there is much potential in South African criminal justice to provide a more certain answer. This contribution explains how South African courts approach sentencing for robbery. It starts by briefly discussing the definition of robbery and then moves to principles governing sentencing in South Africa in general, and the sentencing of robbery in particular.1 I then briefly discuss the same subject matter in German law. Finally, the contribution analyses the most pressing issues afflicting sentencing in South Africa and, in this process, contrasts the legal principles that are in place in Germany.","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":"129364214","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

Recent Case: General Principles and Specific Offences 最近个案:一般原则及具体罪行

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A12

S. Hoctor

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Independent judicial research of forensic evidence in criminal trials – A South African perspective 刑事审判中法医证据的独立司法研究——南非视角

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v34/i3a1

J. Visser

{"title":"Independent judicial research of forensic evidence in criminal trials – A South African perspective","authors":"J. Visser","doi":"10.47348/sacj/v34/i3a1","DOIUrl":"https://doi.org/10.47348/sacj/v34/i3a1","url":null,"abstract":"As forensic scientific evidence becomes not only more advanced but progressively more important in criminal trials, so too does the pressure on presiding officers to accurately assess such evidence, not only for admissibility but also reliability. In the United States of America (USA), judges are mandated to act as gatekeepers of expert opinion and as such are tempted to engage in independent judicial research of science and medicine to accurately fulfil this gatekeeping duty. This temptation is intensified by the information explosion on the Internet and the vast array of available information, both legal and non-legal in nature. While courts are entitled to conduct legal research in deciding disputes, controversy and ambiguity exist on whether judicial research on facts should be allowed. In South Africa, the Constitutional Court in S v Van der Walt 2020 (2) SACR 371 (CC) focused on procedural fairness and held that independent judicial research violates accused persons’ right to challenge evidence in terms of s 35(3)(i) of the Constitution. But a blanket prohibition on this type of judicial research excludes many significant advantages that could potentially secure more accurate decisions. This article considers the legal positions on independent judicial research in the USA and South Africa, reviews the pros and cons of such research, and finds that a flexible approach might alleviate some dangers and exploit some advantages.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"11 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":"125583303","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

Comment: Distinguishing between dolus directus and dolus eventualis: Ngobeni v The State (1041/2017) ZASCA 127 (27 September 2018) 评论:区分直接白云和最终白云:Ngobeni诉国家(1041/2017)ZASCA 127(2018年9月27日)

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V34/I1A7

B. Tshehla

引用次数: 0

Recent case: Law of Evidence 最近的案例:证据法

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V34/I1A9

Nicci Whitear Nel

引用次数: 0

DNA phenotyping: A possible aid in criminal investigation DNA表型:一种可能的刑事调查援助

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v36/i1a1

Lirieka Meintjes-van der Walt, A. Olaborede

引用次数: 0

Quantification of damages for unlawful arrest and detention: South Africa, Namibia and Eswatini/Swaziland (2) 非法逮捕和拘留损害赔偿的量化:南非、纳米比亚和斯威士兰(2)

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A6

C. Okpaluba

{"title":"Quantification of damages for unlawful arrest and detention: South Africa, Namibia and Eswatini/Swaziland (2)","authors":"C. Okpaluba","doi":"10.47348/SACJ/V33/I3A6","DOIUrl":"https://doi.org/10.47348/SACJ/V33/I3A6","url":null,"abstract":"The discussion of the South African case law on the quantification of damages arising from wrongful arrest and detention which commenced in part (1) of this series, continues in the present part. In part (1), the Constitutional Court judgment in Zealand v Minister of Justice and Constitutional Development 2008 (4) SA 458 (CC) which emphasised the respect and reverence for the constitutional guarantee of personal liberty, and De Klerk v Minister of Police 2018 (2) SACR 28 (SCA) as well as the recent Constitutional Court judgment in the same case – De Klerk v Minister of Police 2020 (1) SACR 1 (CC); [2019] ZACC 32 (22 August 2019) – were among a host of important cases discussed. The Supreme Court of Appeal cases on quantification of damages for wrongful arrest and detention also discussed include: Mashilo v Prinsloo 2013 (2) SACR 648 (SCA); Minister of Police v Zweni (842/2017) [2018] ZASCA 97 (1 June 2018); Minister of Safety and Security v Magagula (991/2016) [2017] ZASCA 103 (6 September 2017). The first section of this part continues with the discussion of the other instances not involving failure to take the detainee to court within 48 hours or consequences of the accused person’s first appearance in court whereby Hendricks v Minister of Safety and Security (CA&R/2015) [2015] ZAECGHC 61 (4 June 2015); Mrasi v Minister of Safety and Security 2015 (2) SACR 28 (ECG); and Ramphal v Minister of Safety and Security 2009 (1) SACR 211 (E) are among the cases discussed. The second limb of the discussion in this part concerns the issue of wrongful arrest and detention under the Domestic Violence Act 116 of 1998 where the law has developed side by side with the traditional law of wrongful arrest and police negligence as illustrated by the case of Naidoo v Minister of Police 2016 (1) SACR 468 (SCA).","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"33 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":"130943098","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: 1

The adequacy of rape criminalisation in modern South Africa: A comparative study 现代南非强奸罪化的充分性:比较研究

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v36/i1a5

Rinda Botha, Janine Peens

{"title":"The adequacy of rape criminalisation in modern South Africa: A comparative study","authors":"Rinda Botha, Janine Peens","doi":"10.47348/sacj/v36/i1a5","DOIUrl":"https://doi.org/10.47348/sacj/v36/i1a5","url":null,"abstract":"In the past fifteen years, South Africa has embarked on substantial reform of its sexual offences laws. In many respects, these reforms are like those in other jurisdictions, addressing issues of definition and sentencing. Yet the country’s rape statistics remain startlingly high, and rape sentencing remains inconsistent. To assess the adequacy of rape criminalisation in South Africa, this article starts off with an overview of relevant local case law. It becomes clear that, although the state is not always consistent in prosecuting the accused of all variants of sexual penetration, prosecution in terms of the current, broader definition of rape is common, as is the imposition of minimum sentences for these convictions. Also, courts remain inconsistent in interpreting which factors should count as substantial and compelling circumstances to justify a lesser sentence. A comparative look at the legal position in England and Canada firstly confirms that rape remains a global concern, and that South Africa is not the only jurisdiction that has grappled with defining and sentencing the offence. Yet South Africa could stand to learn a few lessons from these two countries to further improve its law on rape. Recommendations include adopting a more succinct definition of rape, introducing more conduct-specific charges and sentencing (similar to England’s ‘assault by penetration’), and providing a well-defined list of substantial and compelling circumstances to establish greater legal clarity in the sentencing of rape offenders.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"11 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":"133523851","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