Download or read book The Guide to Sentencing in South Africa written by S. S. Terblanche and published by Butterworth-Heinemann. This book was released on 1999 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Penal Populism Sentencing Councils and Sentencing Policy written by Arie Freiberg and published by Routledge. This book was released on 2014-03-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?
Download or read book The Guide to Sentencing in South Africa written by S. S. Terblanche and published by . This book was released on 2007 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Sentencing as Practical Wisdom written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2017-06-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
Download or read book Criminal Law in South Africa written by Shannon Vaughn Hoctor and published by Kluwer Law International B.V.. This book was released on 2017-06-20 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in South Africa. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with South Africa. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.
Download or read book White Collar Crime written by Jerold H. Israel and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
Download or read book Punishment and Incarceration written by Mathieu Deflem and published by Emerald Group Publishing. This book was released on 2014-10-16 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the series Sociology of Crime, Law, and Deviance deals with aspects of punishment, including sentencing, incarceration, and prison conditions, in a variety of settings at local, national, and/or regional levels.
Download or read book Child Justice in South Africa written by Ann Skelton and published by . This book was released on 2008 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Getting the principles, procedures and practices of child justice right is essential to preventing crime in South Africa. In this monograph the authors chart the history of child justice in South Africa, and internationally. They describe recent developments in child justice in South Africa, and contextualise the South African approach by reflecting on international standards. This monograph provides details about the new Child Justice Bill. The Child Justice Bill provides an enlightened approach to dealing with young offenders and offers a chance to break the cycle of crime. Included in the new Bill are provisions for diverting child offenders out of the criminal justice system through the possibility of community-based sentencing. The Bill also provides a firm legal basis for restorative justice that attends to the needs both of victims and perpetrators.
Download or read book Sentencing Guidelines written by Andrew Ashworth and published by . This book was released on 2013-07-18 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do sentencing guidelines affect judicial practice? Can public opinion influence the development of these guidelines and what role does the victim have? How do barristers use the guidelines in practice? These questions and more are addressed in this volume examining the English sentencing guidelines and how they function.
Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Download or read book A Guide to Sentencing in South Africa written by Stephanus Salomon Terblanche and published by . This book was released on 2016 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prison Conditions in South Africa written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 1994 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: While visiting over twenty prisons as well as lockups in at least five different cities throughout South Africa, we found significant improvements had been made since the political climate began to change in 1990. Nevertheless, South Africa's prisoner-to-population ratio is among the highest in the world, and many aspects of prison life remain depressinly unchanged from the years of official apartheid. South African prisons are places of extreme violence, where assaults on prisoners by guards or fellow inmates are common and often fatal.
Download or read book Commentary on the Criminal Procedure Act written by Etienne Du Toit and published by . This book was released on 1987 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt: South African criminal law has undergone many changes since the introduction of the constitution. This text is a section-by-section commentary on the Criminal Procedure Act, which has frequent amendments.
Download or read book Sentencing Rape written by Graeme Brown and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.
Download or read book Mitigation and Aggravation at Sentencing written by Julian V. Roberts and published by Cambridge University Press. This book was released on 2011-08-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
Download or read book Criminal Procedure Handbook written by J. J. Joubert and published by . This book was released on 2017 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Criminal procedure handbook introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases. Students will find this book invaluable in their study of criminal procedure."--Publisher's website.
Download or read book African Studies Breakthroughs in Research and Practice written by Management Association, Information Resources and published by IGI Global. This book was released on 2020-04-03 with total page 1022 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global interest in African studies has been rapidly growing as researchers realize the importance of understanding the impact African communities can have on the economy, development, education, and more. As the use, acceptance, and popularity of African knowledge increases, it is crucial to explore how this community-based knowledge provides deeper insights, understanding, and influence on such things as decision making and problem solving. African Studies: Breakthroughs in Research and Practice examines the politics, culture, language, history, socio-economic development, methodologies, and contemporary experiences of African peoples from around the world. Highlighting a range of topics such as indigenous knowledge, developing countries, and public administration, this publication is an ideal reference source for sociologists, policymakers, anthropologists, government officials, economists, instructors, researchers, academicians, and graduate-level students in a variety of fields.
