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- Volume 17, Issue 1, 2004
South African Journal of Criminal Justice - Volume 17, Issue 1, 2004
Volume 17, Issue 1, 2004
Author Boyane TshehlaSource: South African Journal of Criminal Justice 17, pp 1 –16 (2004)More Less
The last quarter of the twentieth century has witnessed an increased participation of non-state agencies in the administration of justice. Among others, there has been a proliferation of initiatives theoretically anchored on restorative justice paradigm. While this is an international phenomenon, this article focuses on South Africa and points out that there seems to be interest on the part of both the state and civil society to apply restorative justice. After dealing with the theory that underlies restorative justice, focus is turned to the problematic relationship between restorative justice and the conventional criminal justice theory and practice. It is warned that while the interest shown by the state in restorative justice is laudable, the process should be as inclusive of the South African population as possible. This is particularly crucial given the low level of access to justice on the part of many black South Africans and the resounding resonance between restorative justice and justice as practiced by Africans through community courts and chiefs' courts.
Race, class and restorative justice in South Africa : Achilles heel, glass ceiling or crowning glory?Source: South African Journal of Criminal Justice 17, pp 17 –40 (2004)More Less
This article reports on a research project aimed at assessing the impact of race and class disparity in restorative justice processes in South Africa. It was conducted against the backdrop of the inclusion of family group conferencing and restorative justice policy in the Child Justice Bill 49-2002 and in various governmentally supported initiatives. All known facilitators who had convened family group conferences in the preceding year were requested to complete a questionnaire and to report on specific cases in which a family group conference had been held where victims and offenders were from different class or racial backgrounds. Six of the returned case studies are detailed in the article. The authors conclude that, while inter-race and inter±class restorative processes occur less frequently than might be predicted, the fact of these differences is not necessarily an impediment to success. However, numerous other factors, including language differences and transport difficulties, can limit the effectiveness of this method of resolution of criminal justice disputes.
Source: South African Journal of Criminal Justice 17, pp 41 –56 (2004)More Less
This article addresses the phenomenon of paedophilia as a motivation for child sexual abuse and explores the possible effect of paedophilia on the criminal liability and sentencing of the sex offender. It is indicated that various types of paedophiles can be distinguished and that perpetrators engage in paedophiliac behaviour for a variety of reasons. The impact the various types of paedophilia have on the criminal capacity and culpability of the offender is discussed specifically and the article concludes with a brief discussion of relevant reported case law.
The European Court of Human Rights and the right to assisted suicide in international human rights law : commentAuthor J.M.T. LabuschagneSource: South African Journal of Criminal Justice 17, pp 87 –98 (2004)More Less