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- South African Journal of Criminal Justice
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- Volume 20, Issue 1, 2007
South African Journal of Criminal Justice - Volume 20, Issue 1, 2007
Volume 20, Issue 1, 2007
Author James GrantSource: South African Journal of Criminal Justice 20, pp 1 –16 (2007)More Less
This article examines the distinction between questions of fact and law in enquires into unlawfulness and grounds of justification. It argues that these enquiries comprise both questions of law and fact and that failure to recognise this may lead to arbitrariness or impede the development of the law of unlawfulness.
Author Mervin E. BennunSource: South African Journal of Criminal Justice 20, pp 17 –45 (2007)More Less
Plea bargaining as it was before the Bill of Rights was unsatisfactory for it served to de-legitimise criminal justice in South Africa. The enactment of s 105A of the Criminal Procedure Act 51 of 1977 to codify and regulate the process of negotiating agreements on pleas and sentences was necessary, but there is a serious lack of clarity about what it should be used for and how it should be used because it alters greatly the entire nature of a criminal trial by by-passing the judge or magistrate. Some of the jurisprudential issues are considered.
'Plea bargaining, although a dreadful practice, is thoroughly entrenched, and any reform that would make this practice better (or less awful) is to be cheered...' .
'In many courts, the guilty-plea process looks more like the purchase of a rug in a Lebanese bazaar than the confrontation between a man and his soul'.
Author D.T. MasiloaneSource: South African Journal of Criminal Justice 20, pp 46 –59 (2007)More Less
The South African Police Service, like many other police agencies around the world, is confronted by the challenge of fighting crime with clean hands. To win this challenge, police corruption needs to be systematically uprooted. The rooting out of corruption is crucial to preserve the integrity of the police agency. Police corruption is increasingly understood as a hazard inherent in police work. The aim of this article is to investigate various factors that play a role in or make it easy for the police to commit corruption. This will be followed by measures designed to prevent corruption. The preventive measures are premised on the fact that there are multiple causal factors to police corruption, which are found within individual members, the organisation and in the operational methods of the police. These factors will be scrutinized and various preventive measures will be proposed as the way forward. The article further explains the importance of cultivating police informants within the police service and highlights the necessity of changing police policies to ensure that police informants are paid.
Forfeiture of illegal gambling premises owned by a closed corporation : National Director of Public Prosecutions v Mohunram : case reviewAuthor Marita CarnellySource: South African Journal of Criminal Justice 20, pp 60 –67 (2007)More Less
The test for possession of a private firearm by a security officer whilst on duty in South African private security law : a warning voice from KwaZulu-Natal : case reviewAuthor N. MbodlaSource: South African Journal of Criminal Justice 20, pp 68 –74 (2007)More Less