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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.
The fifth edition of this established work on criminal law now includes detailed discussion of major judicial pronouncements on dolus eventualis (Pistorius), the limits of common purpose liability in its active association form (Dewnath), robbery with aggravating circumstances (Masingili), treason (the Boeremag Treason trial), racketeering/retrospectivity (Savoi) and consensual child sexual experimentation (Teddy Bear Clinic). With the important entry into force on 9 August 2015 of the Prevention and Combating of Trafficking in Persons Act 7 of 2013, definitions of human trafficking and related offences have now become an integral part of our criminal law. Moreover, the transitional provisions on human trafficking in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 have been replaced with more detailed provisions under this Prevention and Combating of Trafficking in Persons Act 7 of 2013. A significant amendment to abortion law has been effected by the Choice on Termination of Pregnancy Amendment Act 1 of 2008 (assented to 12 February and promulgated18 February 2008), following the Constitutional Court's judgment in Doctors for Life International v Speaker of the National Assembly 2006 (6) SA 416 (CC). Judgments of the Supreme Court of Appeal, the Constitutional Court and legislative amendments relevant to criminal law up until the end of 2015 have been included in this fifth edition of Principles of Criminal Law.
This criminal law casebook contains excerpts from the most important South African judgments on criminal law. Some shorter judgments are printed in full. Each case is preceded by a brief summary of the facts in the law followed by a note explaining the importance of the judgment. Afrikaans judgments are translated into English. The book also contains an introduction explaining the meanings of important concepts and expressions found in judgments. This is of great value to students who are inexperienced in reading judgments. The four previous editions of this casebook have proven to be an ideal and necessary aid in the study of criminal law.
The Basic Guide to Criminal Procedure explains the law of criminal procedure in understandable language and with reference to the rights in the Constitution of South Africa.
Useful discussions of relevant cases are included throughout the book. The important forms used in criminal procedure are also provided as annexures at the back of the book.
This publication addresses the legal aspects specifically relevant to police officials.
It states, interprets and applies the most general legal principles in the fields of criminal law and criminal procedure (mainly the pre-trial process), and some basic principles of the law of evidence. There is a constant emphasis on the influence of human rights on these fields of law, and especially on policing powers.
Academics, practitioners, justice and police officials collaborated in producing a book that is not only theoretically sound, but also of great practical value.
Crime scene investigation is a practical book dealing with the management, investigation, and control and processing of crime scenes, or scenes of incident, as they are now called. The book explains the important principles of continuity of possession and the importance of preventing contamination of the scene and evidence. It also focuses on the roles of experts and aids who can help investigating officers to solve complex and varied crimes. The book pays particular attention to the administrative process involved in the handling of evidence. This includes: The responsibilities of the investigating officer who has to deal with the incident; The various ways in which a scene of incident can be documented; The handling of people who may be present at the scene; The proper identification, collection, packaging and dispatch of evidence. Two of the unique features of the book is the introduction and explanation of a new investigation principle, namely the Lochner principle, and a new search method, namely the Lochner/Zinn search method.
The law of evidence is vital to each legal practitioner and forms part of the curriculum of every South African law qualification. It is compulsory even for some degrees not strictly confined to legal practice, such as certain police and related qualifications. However, the law of evidence is not considered an easy subject, especially not for persons who have never been inside a court of law.
In this work, academics with practical experience of the criminal justice system have selected a number of decided cases as well as statutes relevant to the law of evidence. Illuminating commentary is provided, which should assist any student of the discipline to get to the core of these texts. Due attention has also been paid to the constitutional aspects of the law of evidence.
Die bewysreg is onmisbaar vir elke regspraktisyn en maak deel uit van die leerplan van elke Suid-Afrikaanse regskwalifikasie. Dit is selfs verpligtend vir sommige grade wat niť tot die regspraktyk beperk is nie, soos sekere polisie en verbandhoudende kwalifikasies. Tog word bewysreg as ’n moeilike vak beskou, veral vir diegene wat nog nooit in ’n geregshof was nie.
In hierdie boek het akademici met praktiese ervaring van die strafregstelsel ’n aantal besliste hofsake sowel as wetgewing van toepassing op die bewysreg uitgesoek. Die insiggewende kommentaar wat voorsien word, behoort enige student van bewysreg tot die kern van die tekste te help deurdring. Behoorlike aandag word ook geskenk aan die grondwetlike aspekte van die bewysreg.
The fourth edition of Cases and Materials on Criminal Law includes 26 new extracts covering a range of topics, including the principle of legality, punishment, causation, consent in rape cases, dolus eventualis, knowledge of unlawfulness, common purpose, conspiracy, consensual child sexual experimentation, defamation, robbery, corruption, contempt of court, racketeering and criminal confiscation.
The revised fourth edition of Principles of Criminal Law includes the following changes and improvements:
The official TV tie-in edition of Defending the Guilty 'Terrific, fascinating, very funny' Daily Mail 'Hilarious' Sun 'Gripping' Literary Review How do we ensure that the guilty are convicted and the innocent walk free? Shortlisted for the Crime Writers Award Gold Dagger for Non-Fiction, true crime meets humour in Defending the Guilty, a hilariously funny and eye-opening expose of the criminal justice system. Every day, criminal barrister Alex McBride stands up in court and attempts to save people from conviction, prison, even a lifetime behind bars. Sometimes it's a hopeless case. Sometimes he has the chance to right a wrong. But mostly his clients are just plain guilty. In Defending the Guilty, McBride takes us behind the scenes of Britain's criminal justice system. He introduces us to its extraordinary characters and arcane eccentricities, and tells astonishing stories of courtroom triumph and defeat. Whether he's defending hapless teenagers at Harlow Youth Court or prosecuting gold bullion robbers at the Old Bailey, these hair-raising tales reveal that justice rarely operates in quite the way we expect. 'Expert, authoritative, hilarious - an insider's fearless account of life at the criminal bar' Craig Raine, Times Literary Supplement, Books of the Year 'McBride details his own cock-ups and disasters with the relish of the born humorous writer. Very funny' Daily Mail 'Rollicks along with a good eye for detail and a neat turn of phrase' Observer 'Gripping, engaging, compelling. The real life of criminal barristers is expertly caught' Literary Review Alex McBride is a criminal barrister. He is the author of the 'Common Law' column in Prospect magazine, has contributed to the New Statesman and various BBC programmes, including From Our Own Correspondent and is the editor of the Famous Trials Penguin Specials series.
South African criminal law has accepted that it is only fair to punish those who - if they do wrong - are responsible for doing wrong. Responsibility - that the accused must be blameworthy - finds expression in several specific requirements of South African criminal law: voluntariness, fault, and, in particular, capacity, into which the `insanity' defence falls. The Responsible Mind in South African Criminal Law critically analyses these requirements, and includes an empirical component in this analysis. The book also identifies and critically analyses the underlying model of responsibility adopted in our law and considers the alternatives. The conclusion from the empirical component and critical analysis is that the specific requirements are unclear and even incoherent, and that this is a function of the underlying model of responsibility, which identifies random capricious and arbitrary conduct as responsible conduct. Alternative models of responsibility are discussed, and a `compatibilist' model of reason sensitivity is selected as a better foundation for criminal responsibility. The Responsible Mind in South African Criminal Law discusses the implications of adopting this model for the various specific requirements of South African criminal law and proposes appropriate modifications. Ultimately a new model of criminal responsibility and a revised set of specific requirements are proposed, together with a proposed new statutory test for responsibility.
Taking effective witness statements is a practical book on crime investigations with reference to the role of witness statements in such investigations. The book also delves into how a witness should be prepared before a statement is taken, actions by the interviewer and observations during statement taking. Body language and different methods to approach a witness are discussed as well as the goals of interviewing a witness for the purposes of obtaining an effective statement. Taking effective witness statements focuses on different forms of witness statements and deals with: Requirements for a good statement; Characteristics of a good statement; Practical layout and format of a statement; Language in which a statement is taken; Mistakes made by investigators when writing a statement; Professional aspects that investigators must satisfy to meet requirements.
Principles of Market Abuse Regulation: A Comparative South African Perspective arguably offers the most comprehensive study of the regulation and enforcement of anti-market abuse laws in South Africa today. Accordingly, the book examines the regulation of the South African securities and financial markets to identify the strengths and weaknesses of the country's anti-market abuse laws. In this regard, the book provides that inadequate and inconsistent regulation of the securities and financial markets could give rise to low investor confidence, market volatility and poor market integrity. The author traces the regulation of market abuse under the Financial Markets Act 19 of 2012 and recommends measures that could enhance the combating of market abuse in the South African securities and financial markets. The Financial Sector Regulation Act 9 of 2017, which is set to expand the mandate of the Financial Services Board, is also considered. The global financial crisis of 2007-2009 provides context for the book. Events covered include South African and American international banks' collusion and market manipulation involving price-fixing, market allocation and rigging in the trading of foreign currency pairs of the South African rand since 2007.
Youth Justice Law and Practice is a comprehensive and practical guide to representing children in the criminal justice system. It provides a step by step guide to representing children at the police station, detailed coverage of specific court procedures and looks at wider issues such as child and adolescent brain development, mental health and learning difficulties and looked after children. It is crucial that advocates representing children and young people understand the specialised and separate procedures of dealing with this vulnerable group. Youth Justice Law and Practice is highly accessible and easy to navigate to enable the busy practitioner to quickly find the information they need. Covering the procedure of the youth court, magistrates' court, Crown Court and Court of Appeal, it focuses procedural differences including bail and remand, jury directions, sentencing, anonymity and reporting restrictions. The authors from Youth Justice Legal Centre, a centre for excellence on youth justice law, and Just for Kids Law, who provide legal representation and campaign to promote respect for the legal rights of children, bring their unique experience as youth advocates to explain how to communication and engage effectively with children, the correct approach for dealing with children with learning difficulties, the importance of background and how to deal with children as victims and witnesses in courts. Contents include: *arrest criteria *duties owed to children at the police station *charging decisions and out of court disposals *bail and remand *age assessments *the sentencing framework relating to children *procedures and modifications to trial relating to children *anonymity and reporting restrictions *welfare considerations and duties *communication skills *background and adolescent brain development *criminal records *Duties owed by other agencies The appendices include extracts from legislation, the Criminal Procedure Rules, Sentencing guidelines and specific guidelines for offences making this a one-stop-shop for the busy criminal practitioner. Youth Justice Law and Practice is essential reading for lawyers and professionals working in the youth justice system, appearing in the youth court and representing children in the adult criminal courts.
Evidential Aspects of Law Enforcement will assist law enforcement officers with gaining a clear understanding of the legal principles involved in the gathering of evidence, whether on crime scenes or during further investigations. A successful prosecution depends on the value of the evidence gathered from the moment that the crime was reported. Evidential Aspects of Law Enforcement addresses the law of evidence and aspects of the law of criminal procedure that relate to the law of evidence. The book also explains the importance of effecting an arrest to facilitate the gathering of evidence from a suspect (such as fingerprints and DNA), and how the conduct of the enforcement officer may affect investigations. Evidential Aspects of Law Enforcement explains technical legal terms in a straightforward and practical way, and contains the information that all law enforcement officers require to perform their duties effectively.
The field of forensic investigation has grown significantly in South Africa over the past few years. This growth in the field is mostly due to the fact that investigations are now also undertaken by private and corporate bodies, and by government institutions other than the South African Police Service. The field of investigation has moved from being the sole domain of the police to including other role-players. The latest developments in the forensic investigation discipline are a result of the fact that forensic investigation is a continually evolving science. The new democratic dispensation also requires that all investigations must be conducted within the ambit of the Constitution.
The authors of Forensic Investigation: Legislative Principles and Investigative Practice aim to meet the needs of this field by examining how forensic investigations should be conducted in South Africa, with reference to local legislative principles and scientific processes.
Forensic Investigation: Legislative Principles and Investigative Practice commences by covering aspects such as the constitutional basis for public and private policing, the investigation process, and the characteristics of a good investigator. The book highlights the basic concepts of investigation and then proceeds to examine more sophisticated specialised aspects, such as medico-legal evidence, DNA, and policing in a cyber-world. The work also features more recent developments in the field, such as analysing the behaviour of offenders and the choices they make during the commission of crimes. These aspects are dealt with in relation to forensic geography and offender profiling.
Forensic Investigation: Legislative Principles and Investigative Practice takes the reader from the scene of the incident (the crime scene) to the courtroom, and from investigation to prosecution – all essential components of the investigative process. The book explores the significant role and conduct of an investigator, seeking to ensure that current and future generations of investigators are aware of the challenges and changes in the investigation of crimes, incidents and transgressions, and are also familiar with the prosecution processes that follow. This book will undoubtedly prove to be an invaluable and essential tool for all investigators.
Now a major motion picture. The two-time Pulitzer Prize-winning journalist Jake Bernstien takes us inside the world revealed by the Panama Papers, illicit money, political corruption, and fraud on a global scale. A hidden circulatory system flows beneath the surface of global finance, carrying trillions of dollars from drug trafficking, tax evasion, bribery, and other illegal enterprises. This network masks the identities of the individuals who benefit, aided by bankers, lawyers, and auditors who get paid to look the other way. In The Laundromat, Pulitzer Prize-winning investigative reporter Jake Bernstein explores this shadow economy and how it evolved, drawing on millions of leaked documents from the files of the Panamanian law firm Mossack Fonseca - a trove now known as the Panama Papers - as well as other journalistic and government investigations. Bernstein shows how shell companies operate, how they allow the superwealthy and celebrities to escape taxes, and how they provide cover for illicit activities on a massive scale by crime bosses and corrupt politicians across the globe. The Laundromat offers a disturbing and sobering view of how the world really works and raises critical questions about financial and legal institutions we may once have trusted.
www.oup.com/blackstones/criminal Led by Professor David Ormerod and David Perry QC, our team of authors has been hand-picked to ensure that you can trust our unique combination of authority and practicality. With a simultaneous supplement containing essential materials, you can rely on Blackstone's Criminal Practice to be your constant companion through every courtroom appearance. This new edition has been meticulously revised to provide extensive coverage of all new legislation, case law, and Practice Directions. With supplements, free Quarterly Updates, and monthly web updates, you can trust Blackstone's Criminal Practice to provide reassurance on all the latest developments in criminal law and procedure.
Legal language, or ‘legalese’ as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: ‘ordinary’ language cannot properly or accurately describe the often complex concepts and issues involved.
This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession.
The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A bilingual publication, this English–Afrikaans / Afrikaans–English dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).
This book is the first South African work on this crucial new tool for the successful investigation and prosecution of crime.
It introduces readers to the biological principles of DNA and emphasises the importance of the chain of custody and pre-trial disclosure. It also looks at the process that a DNA-sample has to go through before a DNA test result can be produced, as well as an explanation of test result interpretation.
The meaning of a DNA match is explained, as well as aspects of population genetics, statistical calculations and DNA databases.
A Practical approach to Criminal Procedure in Botswana explains the basic principles of the law of criminal procedure in Botswana in plain and concise language. Aspects of the law of criminal procedure are analysed with an emphasis on their practical application, and with reference to recent case law and legislation. The author also discusses the rights of the accused at each stage of the criminal justice process. A Practical approach to Criminal Procedure in Botswana provides comprehensive, analytical and up-to-date information for judicial officers, legal practitioners, law students, academics, law enforcement officers, researchers, paralegals and those involved in the administration of justice.
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