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- South African Journal of Criminal Justice
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- Volume 18, Issue 3, 2005
South African Journal of Criminal Justice - Volume 18, Issue 3, 2005
Volume 18, Issue 3, 2005
Source: South African Journal of Criminal Justice 18, pp 241 –258 (2005)More Less
In this article the authors discuss the scourge of sexual violence against women and girls and consider one possible response in the form of the recently established International Criminal Court (ICC). The article's focus is twofold. The authors first discuss the impressive (and unprecedented) number of women judges that have been appointed to the Court. The authors argue that these appointments will help to ensure that the ICC is a women-friendly institution for the victims and witnesses that appear before it. This suggestion is bolstered by the jurisprudence of the ad hoc Tribunals for Yugoslavia (ICTY) and Rwanda (ICTR) where experience has shown that the ultimate beneficiaries of a 'fair representation of female judges' on the bench are the victims of sexual violence themselves. The composition of the ICC bench leads to the article's second focus. The authors consider the wide range of sexual offences which might be prosecuted before the ICC and, through a discussion of the ICTY and ICTR experiences, highlight the role that the ICC and its judges might play in the realisation of women's rights against sexual violence.
Battered woman syndrome : some reflections on the utility of this 'syndrome' to South African women who kill their abusersSource: South African Journal of Criminal Justice 18, pp 259 –278 (2005)More Less
This article seeks to critically examine the concept of the 'battered woman syndrome' a 'syndrome' that was coined to describe the experiences of women who live in abusive relationships. The article explores the possibility that the extensive body of knowledge that exists concerning battering and its effects cannot be adequately reflected by the term 'battered woman syndrome' and that the plight of abused women who kill their abusers would be better served by the use of social framework evidence instead. The article also articulates the South African requirements of the defences of self defence, automatism and lack of criminal capacity arising from non-pathological causes and assesses the impact if any of 'battered woman syndrome' evidence on these defences. The validity of the view that the current South African law adequately serves the needs of battered women is also investigated.
Author Mervyn E. BennunSource: South African Journal of Criminal Justice 18, pp 279 –305 (2005)More Less
The meaning of the expression 'a prima facie case' as it is used in South Africa and in several other jurisdictions, and is considered also the nature of the role of the prosecutor in South Africa when considering whether or not a matter should be brought to trial is reviewed. It is argued that this involves considerations which are different from the question which the trial judge must consider at the end of the case for the prosecution in terms of s 174 of the Criminal Procedure Act, and that similar considerations are general to, and inherent in, the accusatorial mode of trial elsewhere. The Report by the Public Protector into the objections brought by a person of whom it was said by the National Director of Public Prosecutions that, despite the existence of a prima facie case of offences committed by that person there would be no prosecution, is reviewed.
The Number - One Man's Search for Identity in the Cape Underworld and Prison Gangs by Jonny Steinberg : book reviewAuthor Wilfried ScharfSource: South African Journal of Criminal Justice 18, pp 329 –334 (2005)More Less