South African journal of criminal justice最新文献_第4页

Mixing old and new wisdom for the protection of image-based sexual abuse victims 结合新旧智慧保护基于图像的性侵受害者

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v35/i3a2

BN Martin

{"title":"Mixing old and new wisdom for the protection of image-based sexual abuse victims","authors":"BN Martin","doi":"10.47348/sacj/v35/i3a2","DOIUrl":"https://doi.org/10.47348/sacj/v35/i3a2","url":null,"abstract":"Image-based sexual abuse, more popularly but inadequately referred to as ‘revenge porn’, has emerged as a prolific modern-day plague. This author asserts that, in light of its impact and severity, the criminal law, as opposed to private law remedies, is the preferable legal response to image-based sexual abuse (IBSA). Thus, it is commendable that South African lawmakers have responded to IBSA with criminal sanctions, specifically targeting this phenomenon through s 18F of the Films and Publications Amendment Act 11 of 2019 and s 16 of the Cybercrimes Act 19 of 2020. Despite having two acts responding to one problem, these new legislative additions mix admirably with the existing offence of crimen injuria in providing adequate protection for victims of IBSA in South Africa. Where the broadly defined offence of crimen injuria lacks detail, s 18F and s 16 provide more precision. Section 18F and s 16, although not without internal issues, clarify the extent of unlawful conduct, provide clear penalty guidelines, highlight the intolerable nature of IBSA and offer additional support measures to victims of IBSA through protective orders. However, while advantageous, these legislative additions may not respond effectively to all cases of IBSA, especially when s 18F and s 16 are overly restrictive in application. Where the perpetration of IBSA warrants a harsher penalty than what is stipulated in both Acts or where IBSA subtly evades the protection of both Acts, the offence of crimen injuria provides a flexible alternative. It is this mutually supportive interplay that validates the assertion that South African law does provide adequately for victims of IBSA.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"55 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":"133887143","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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Non-criminal dispute resolution in South Africa’s criminal justice system: Proposals for reform 南非刑事司法系统的非刑事纠纷解决:改革建议

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A7

Navilla Somaru, Christa Rautenbach

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Comment: Loyiso Coko v S (CA&R 219/2020) [2021] ZAECGHC 91 (8 October 2021): Oblique subscription to rape myths as an indication of the urgent need to reform the mens rea test in acquaintance rape cases in South Africa 评论:Loyiso Coko诉S (CA&R 219/2020) [2021] ZAECGHC 91(2021年10月8日):间接认同强奸神话，表明迫切需要改革南非熟人强奸案件的犯罪真实测试

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v35/i3a4

M. Roux

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Recent Case: General principles of criminal law 近期案例:刑法一般原则

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v35/i2a5

S. Hoctor

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The Black Flame (part three): Snyman’s Criminal Law 黑色的火焰(第三部分):斯尼曼的刑法

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v35/i1a1

T. Mosaka

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Recent Case: Law of Evidence 近期案例:证据法

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v36/i1a8

N. Whitear-Nel

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Transitional justice and constitutionalism: The case of Ghana 过渡时期司法与宪政:加纳案例

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A2

Marian Yankson-Mensah

{"title":"Transitional justice and constitutionalism: The case of Ghana","authors":"Marian Yankson-Mensah","doi":"10.47348/SACJ/V33/I3A2","DOIUrl":"https://doi.org/10.47348/SACJ/V33/I3A2","url":null,"abstract":"The delicate process of constitution-making during transition covers a range of issues, but usually features questions on how to address past human rights violations, change repressive laws, recognise basic rights and reform state institutions. Hence, the constitution-making process can have significant implications on the transitional justice mechanisms that are adopted and how they are implemented. In the case of Ghana, the 1992 Constitution came into force after decades of political instability. On 28 April 1992, a draft constitution for Ghana’s fourth republic was approved in a referendum. As part of the transitional provisions in the 1992 Constitution, amnesty provisions were enshrined to protect members of all previous military regimes from prosecution. However, the 1992 Constitution did not contain express provisions for initiation of other transitional justice mechanisms. In a bid to reflect on the rarely examined relationship between transitional justice mechanisms and constitutionalism, this paper shall examine Ghana’s amnesty laws, truth commission and reparative measures in relation to the constitution-making process and constitutional norms. The paper opines that as separate processes towards a common end, proper synchronisation of Ghana’s transitional justice processes and constitution-making could have shaped the country’s transitional justice mechanisms in the right direction towards achieving their perceived goals.","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":"126533164","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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Fine margins between right and rogue: The right to resist an unlawful arrest and the liberty to assault a police officer in Botswana 权利与流氓之间的细微差别:在博茨瓦纳，抵抗非法逮捕的权利和攻击警察的自由

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v34/i2a2

B. Dambe

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The right to bail pending trial in Uganda 在乌干达候审期间保释的权利

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/sacj/v34/i3a3

J. D. Mujuzi

{"title":"The right to bail pending trial in Uganda","authors":"J. D. Mujuzi","doi":"10.47348/sacj/v34/i3a3","DOIUrl":"https://doi.org/10.47348/sacj/v34/i3a3","url":null,"abstract":"Article 23(6)(a) of the Constitution of Uganda (1995) states that an arrested person is ‘entitled’ to apply to court for bail (discretionary bail). Articles 23(b) and (c) require a court to release on bail a person who has been awaiting trial in custody for a specified number of days (mandatory bail). Jurisprudence of Ugandan courts on bail pending trial shows that courts have dealt with two main issues: the right to bail or to apply for bail; and the conditions for granting of discretionary bail pending trial. The Supreme Court has held that an accused has a right to apply for bail. In this article, the author argues that the drafting history of Article 23(6)(a) shows that an accused has a right to bail (as opposed to just apply for bail). The author also demonstrates how courts have been inconsistent in many cases when dealing with the conditions for granting of discretionary bail pending trial. It is argued further that since the Ugandan government is increasingly re-arresting opposition politicians who have been granted bail by the high court, Ugandan courts may explore the possibility of granting anticipatory bail. It is also argued that the drafting history of Articles 129(d) and 210 of the Constitution shows that courts martial are courts of judicature and subordinate to the high court which means, inter alia, that the high court has the power to release an accused on bail should the general court martial refuse to release him/her on bail.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"130 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":"123072153","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

Covid-19-related criminalisation in South Africa 南非与covid -19相关的刑事定罪

South African journal of criminal justice Pub Date : 1900-01-01 DOI: 10.47348/SACJ/V33/I3A9

Emma Charlene Lubaale

{"title":"Covid-19-related criminalisation in South Africa","authors":"Emma Charlene Lubaale","doi":"10.47348/SACJ/V33/I3A9","DOIUrl":"https://doi.org/10.47348/SACJ/V33/I3A9","url":null,"abstract":"Covid-19, a virus first identified in China, has since December 2019 wreaked its fair share of havoc across the globe. It has claimed hundreds of thousands of lives, with no continent spared. In March 2020, the World Health Organisation declared the virus a global pandemic and proceeded to call on states to take urgent measures to contain its spread. Governments across continents heeded the call by rolling out measures ranging from lockdowns to regulations giving effect to the measures adopted. On 15 March 2020, South Africa declared a state of national disaster and days later, a national lockdown in response to the Covid-19 pandemic. This lockdown was followed by regulations, all geared towards containing the further spread of this virus. Criminal law came into play in dealing with the violators of the Covid-19 Regulations and while these measures were well-intentioned, multiple issues have hardly been examined from a criminal law perspective. The purpose of this article is to demonstrate the limitation of criminalisation as a response to health issues. The article does this by engaging with previous failed attempts to rely on criminalisation to address public health issues; underscoring the effect that some of the regulations have on the criminal law principle of legality and bringing to the fore the unintended consequence of criminalising poverty in a society that is already unequal. In engaging with these three themes, the analysis provides a context through which Covid-19-related criminalisation should be viewed and affords reasons why the criminalisation approach is counterproductive and should not be considered in dealing with future pandemics. The conclusions drawn are instructive to other countries in light of the fact that criminalisation in the wake of the Covid-19 pandemic was not unique to South Africa.","PeriodicalId":256796,"journal":{"name":"South African journal of criminal justice","volume":"98 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":"114647698","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