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- South African Journal of Criminal Justice
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- Volume 16, Issue 2, 2003
South African Journal of Criminal Justice - Volume 16, Issue 2, 2003
Volume 16, Issue 2, 2003
Source: South African Journal of Criminal Justice 16, pp 121 –136 (2003)More Less
This article examines the constitutionality of the common-law rule that one person may kill another in defence of property. This rule is mostly associated with <I>Ex parte Minister van Justisie: In re: S v Van Wyk</I>. The authors draw a clear distinction between the use of violence (including homicide) in defence of life and limb, on the one hand, and in defence of property, on the other. Most decided cases illustrate the close link between the private defence of defending life and of protecting property. The Constitutional Court recently declared unconstitutional s 49(2) of the Criminal Procedure Act (allowing blameless killing to effect arrest). No court has yet pronounced on the <I>Van Wyk</I> rule. Authors differ about its constitutionality. In this article, following the two-phased approach to constitutional interpretation, the authors conclude that the rule is unconstitutional: The serious limitation of rights which the rule causes is not justifiable in terms of s 36 of the Constitution.
Source: South African Journal of Criminal Justice 16, pp 137 –162 (2003)More Less
Eyewitness accounts often play a crucial role in solving a case in a court of law. The widely held belief in the `ultimate accuracy' of human perception and memory however, is often without the necessary scientific substantiation. Consequently, it is not surprising that legal history is often tainted with tragic miscarriages of justice, which have resulted in financial ruin, loss of reputation, imprisonment and even execution. It is, therefore, regrettable that legal professionals and decision-makers have received `almost no training' in the basic psychological processes of information processing. This article aims to provide professionals in the legal system with an overview of the role that perception and memory play in eyewitness testimony.
Author G.J. LidovhoSource: South African Journal of Criminal Justice 16, pp 163 –177 (2003)More Less
The purpose of this article is to make a critical assessment of the salient features of the past and current release policies of the Department of Correctional Services. The assessment is made in the light of various purposes underpinning those policies. The past policy was characterized by the application of standard remission of sentences. The current policy, on the other hand, is based on the system of awarding of credits. The connection of these policies to the parole system creates complexities and uncertainties which tend to defeat the purposes of release policies. The article will also deal with the interpretation and application by the courts of the laws pertaining to these issues.
Author Julie BergSource: South African Journal of Criminal Justice 16, pp 178 –196 (2003)More Less
The pre- and post- apartheid governments have been engaging with the private security industry through the creation and enforcement of legislation to regulate the industry. The new government, in particular, has been actively implementing legislation to further tighten restrictions and update older legislation. Considering these developments it is perhaps necessary to review all the legislative parameters, both old and new, directed at the private security industry. The future role of private security in South Africa may depend on the success of the legislative attempts of the government and could be a preparation for a formal partnership with the public police.
Taking Life Imprisonment Seriously : In National and International Law, Dirk van Zyl Smit : book reviewAuthor S.S. TerblancheSource: South African Journal of Criminal Justice 16, pp 197 –199 (2003)More Less
Source: South African Journal of Criminal Justice 16, pp 200 –206 (2003)More Less