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A guide to sentencing in South Afric by
1. Introduction -- 2. Penalty clauses -- 3. Minimum and mandatory sentences -- 4. Pre-sentence procedures -- 5. The discretion with regard to sentence -- 6. General principles of sentencing -- 7. Sentencing more than one crime at a time -- 8. mitigating and aggravating factors -- 9. Imprisonment -- 10. Fines -- 11. Correctional supervision 12. -- Sentencing young offenders -- 13. Committal to a treatment centre -- 14. Suspension of sentence, and related matters -- 15. Caution and discharge -- 16. Forfeiture, suspension and other punitive measures -- 17. Compensation as civil judgment -- 18. Appeal and review -- 19. Post-sentence procedures -- 20. The death penalty -- 21. Selected legislation -- 22. Historical development of sentencing -- 23. Case law relevent to the sentencing of selected offences -- .
Principles of Evidence by
The fourth edition of Principles of Evidence strikes a balance between the theory of the law of evidence and its practical application. This edition continues to assess the impact of the Constitution on the traditional Anglo-South African law of evidence, especially with regards to the admissibility of unconstitutionally obtained evidence. It further discusses the statutory provisions regulating diverse matters such as sexual history evidence and the admissibility of electronic evidence.
Human Rights in African Prisons by
Written by a collection of eminent researchers, this study takes a detailed look at African prisons, and examines how regional and international legal instruments have dealt with human rights concerns such as overcrowding, healthcare, pretrial detention, and the treatment of women and children. Providing concrete examples as well as theory, it analyzes human rights needs, developments, and policies, and makes recommendations as to how situations can be improved.
State of the Nation by
From the outcome of the 2006 local elections and the state of public hospitals to environmental issues and concerns about tourism, leading South African intellectuals explore a variety of issues central to the country’s development in this annual collection of essays. Insightful discussions of contemporary South Africa also address key topics such as violence against women, prison reform, the vast Zimbabwean exile community, and the role of the post-apartheid church.
Imprisonment Today and Tomorrow by
Are more people being imprisoned throughout the world? Why is imprisonment still being used on a wide scale when an increasing number of alternatives are available? What are the major developments in prison law in the last decade? What problems arise in prison systems when states become constitutional democracies for the first time? Should prisons be privatized? How can prison conditions and prisoners' rights be improved? What special measures should there be for women, juveniles, violent offenders or drug addicts in prison? What programmes work effectively under which conditions? The second edition of "Imprisonment Today and Tomorrow" presents much fresh information in its attempts to provide answers to these and other crucial questions. It provides authoritative accounts by leading national experts on the place of imprisonment in 26 penal systems of major countries throughout the world. In addition, through the chapters on the work of the European Committee for the Prevention of Torture andInhuman and Degrading Punishment, non-governmental organizations and the United Nations, it sheds new light on international initiatives to promote prison standards. These are complemented by a comparative survey of world prison populations and a final chapter in which the editors evaluate developments described in this volume and elsewhere in order to arrive at conclusions about international trends and to make well-grounded proposals for prison reform.
Dugard's International Law by
This fifth edition of International Law: A South African Perspective is now titled Dugard's International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard. The substance of the work has undergone major changes to take account of new developments both on the international legal scene and in South Africa. Dugard's International Law: A South African Perspective presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law. South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad. The present work is designed to assist judicial officers and practitioners, educate students, and guide diplomats in the intricacies of international law both at home in South Africa and abroad.
Principles of Evidence by
The fourth edition of Principles of Evidence strikes a balance between the theory of the law of evidence and its practical application. This edition continues to assess the impact of the Constitution on the traditional Anglo-South African law of evidence, especially with regards to the admissibility of unconstitutionally obtained evidence. It further discusses the statutory provisions regulating diverse matters such as sexual history evidence and the admissibility of electronic evidence.
Compensation for Wrongful Convictions A Comparative Perspective by
This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme.
The Stains of Imprisonment by
Recent decades have seen a widespread effort to imprison more people for sexual violence. The Stains of Imprisonment offers an ethnographic account of one of the worlds that this push has created: an English prison for men convicted of sex offenses. This book examines the ways in which prisons are morally communicative institutions, instilling in prisoners particular ideas about the offenses they have committed--ideas that carry implications for prisoners' moral character. Investigating the moral messages contained in the prosaic yet power-imbued processes that make up daily life in custody, Ievins finds that the prison she studied communicated a pervasive sense of disgust and shame, marking the men it held as permanently stained. Rather than promoting accountability, this message discouraged prisoners from engaging in serious moral reflection on the harms they had caused. Analyzing these effects, Ievins explores the role that imprisonment plays as a response to sexual harm, and the extent to which it takes us closer to and further from justice.
Torture, Inhumanity and Degradation under Article 3 of the ECHR by
This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation.Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character.Winner of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Birmingham.
Beyond Bars by
The year 2023 marks 50 years of mass incarceration in the United States. This timely volume highlights and addresses pressing social problems associated with the US's heavy reliance on mass imprisonment. In an atmosphere of charged political debate, including tough on crime rhetoric, the editors bring together scholars and experts in the criminal justice field to provide the most up-to-date science on mass incarceration and its ramifications on justice-impacted people and our communities.
Correctional Facilities and Correctional Treatment International Perspectives by
This book provides international perspectives on corrections, correctional treatment, and penitentiary laws. Although its focus is on African and South American countries, the information provided can be easily expanded to North America and Europe. The chapters present legal frameworks and applied research on prisons and their potential to deter crime and reduce recidivism rates. The book puts the human rights agenda at the forefront and is a useful resource for those who work in corrections, including prison, education, and probation officers.
The Prison of Democracy by
At publication date, a free ebook version of this title will be available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. Built in the 1890s at the center of the nation, Leavenworth Federal Penitentiary was designed specifically to be a replica of the US Capitol Building. But why? The Prison of Democracy explains the political significance of a prison built to mimic one of America's monuments to democracy. Locating Leavenworth in memory, history, and law, the prison geographically sits at the borders of Indian Territory (1825-1854) and Bleeding Kansas (1854-1864), both sites of contestation over slavery and freedom. Author Sara M. Benson argues that Leavenworth reshaped the design of punishment in America by gradually normalizing state-inflicted violence against citizens. Leavenworth's peculiar architecture illustrates the real roots of mass incarceration--as an explicitly race- and nation-building system that has been ingrained in the very fabric of US history rather than as part of a recent post-war racial history. The book sheds light on the truth of the painful relationship between the carceral state and democracy in the US--a relationship that thrives to this day.
Criminal Careers by
Criminal Careers follows the lives and criminal behaviours of 2,397 people in Poland who as juveniles committed a crime and received a form of punishment from the juvenile court between the late 1980s and the year 2000. Through combining quantitative and qualitative research, their criminal careers, the differences between men and women, risk factors, and reasons for nondesistance are analysed. Uniquely, the authors have used an extensive database of former juveniles, in which as many as 40% were women. This book therefore makes a comparison between women and men in terms of their future life paths. Additionally, the researched group consisted of teenagers from two different periods: the 1980s (the transition generation) and 2000 (the millennial generation), which in the context of Central and Eastern European countries means that they entered adulthood in completely different realities. These differences are therefore also explored in depth within the book. By focusing on Poland, the book provides a different perspective to criminal career research, which is generally limited to a few countries in Western Europe and the United States. The book will be of great interest to academics and students who are developing their own research in the fields of criminal careers, juvenile delinquency, and antisocial behaviours by young people. It will also appeal to professionals, including juvenile judges, probation officers, staff in correctional facilities and social rehabilitation institutions, social workers and employees of nonprofit organisations that support juveniles, people in crisis, and prisoners or exprisoners.
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