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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.
The 2nd edition of Criminal Procedure Workbook is designed as an aid in the study of criminal procedure and should be used in conjunction with the prescribed textbook. It is easy to use and facilitates learning through practical, real life scenarios. In particular, it hones in on the areas where students need assistance when preparing for tests and exams.
The practical and straightforward solutions will give students a better understanding of the subject as well as enable them to improve their results.
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.
In the practice of criminal law, one usually does not have large amounts of time to research before you need to act on behalf of your client. Therefore a core manual which points out what steps you need to take in a quick and easy to understand format would be an invaluable tool. This work aims to give the novice practitioner the confidence to conduct the trial as a seasoned practitioner and contains a step-by-step practical guide as to what the procedure the court requires of a practitioner.
Blackstone's Police Manuals 2022, endorsed by the College of Policing, are the only official study guides for the NPPF Step Two Legal Examination.Straightforward and accessible, Blackstone's Police Manuals are the only resource used by question writers when preparing a NPPF Step Two Legal Examination and each of the four volumes forms part of the only comprehensive version of the 2022 syllabus. Available in the series are: Volume 1: Crime 2022, Volume 2: Evidence and Procedure 2022, Volume 3: Road Policing 2022, and Volume 4: General Police Duties 2022. For complex or commonly misunderstood areas, there are handy Keynote boxes, which point to relevant case law or provide an example of how material is used in a practical sense, helping you to establish the connections between legislation and police procedure. The 2022 editions have been updated to incorporate all recent legislative developments and case law. Blackstone's Police Manuals are also available as part of our online Blackstone's Police Manuals and Q&As service: http://www.blackstonespoliceservice.com
This thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform. Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion. Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.
Prisoners' Self-Help Litigation Manual, in its much-anticipated
fourth edition, is an indispensable guide for prisoners and
prisoner advocates seeking to understand the rights guaranteed to
prisoners by law and how to protect those rights. Clear,
comprehensive, practical advice provides prisoners with everything
they need to know on conditions of confinement, civil liberties in
prison, procedural due process, the legal system, how to litigate,
conducting effective legal research, and writing legal
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.
Blackstone's Police Q&As 2021 are the essential revision tool for all police officers sitting the NPPF Step Two Legal Examination. They are created to follow Blackstone's Police Manuals, the only study guides endorsed by the College of Policing. Blackstone's Police Q&A's are undoubtedly providing the most authoritative means of self-testing outside of the promotion examinations. Arranged in four volumes of Crime, Evidence and Procedure, Road Policing, and General Police Duties, reflecting the Blackstone's Police Manuals and the NPPF Syllabus 2021, you have access to hundreds of multiple-choice questions designed to reinforce knowledge and understanding. Matching the only format of questions you will see in a NPPF Step Two Legal Examination, each question has a detailed and comprehensive answer that highlights not only the correct response, but also the reasoning so that you understand the law and how it should be applied in practice and, as importantly, why the incorrect responses are wrong. This is essential for building your understanding of the syllabus and how it will be examined and also allows candidates to highlight any gaps or weaknesses in their knowledge. Each Q&A includes full cross-references to the relevant Manual paragraphs and Keynotes encourage more effective studying, while a question checklist helps you track your progress. The 2021 editions contain new and revised questions, reflecting changes in the Blackstone's Police Manuals. All four volumes have been updated in line with recent changes to legislation. Blackstone's Police Q&As are also available as part of our online Blackstone's Police Manuals and Q&As service: www.blackstonespoliceservice.com
Through the lens of five institutional functions - quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning - this important book assesses the practice and legal foundations of the United Nations General Assembly in advancing international justice, an increasing priority of the international community. Challenging the assumption that the General Assembly is merely a weak deliberative assembly, Michael Ramsden shows that its pioneering resolutions on international justice have become an invaluable tool in the fight against impunity. As concerns remain over the aptness of international institutions in responding to atrocities, particularly the Security Council, this book establishes the legal foundation for the General Assembly to step into the breach. Chapters also offer innovative arguments on the General Assembly's institutional powers to end impunity as well as a detailed examination on the influence of General Assembly resolutions in judicial decision-making. International Justice in the United Nations General Assembly will be a key resource for scholars and students in the fields of international law and international institutional law, as well as UN and international institutional practitioners who are involved in policy development.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges.
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.
Blackstone's Police Investigators' Manual and Workbook 2021 are the only official study guides for the National Investigators' Exam (NIE), which is taken as part of Phase 1 of the Initial Crime Investigators' Development Programme. It is the most comprehensive and effective package for studying for the NIE, providing the complete 2020 syllabus, and practical exercises and multiple-choice questions to test your knowledge. Based on the bestselling Blackstone's Police Manuals, Blackstone's Police Investigators' Manual 2021 provides all the legal information which is relevant to your role as a trainee investigator and is applicable to all NIE exams taken in 2021. Covering all key legislation in the areas of General Principles, Police Powers and Procedures; Serious Crime and Other Offences; Property Offences; and Sexual Offences, it also features the relevant PACE Codes of Practice, with chapters incorporating the relevant Code with Keynotes offering practical advice and examples, as well as chapters covering the Immigration Act 1971 and the Customs & Excise Management Act 1979 for investigators within immigration, customs, and the National Crime Agency. Blackstone's Police Investigators' Workbook 2021 has 24 chapters, offering you an opportunity to gauge your revision progress through multiple-choice questions at each chapter opening, followed by a refresher section on complex parts of the syllabus with exercises and flowcharts, and recall questions at the conclusion to reinforce learning. Useful cross references point back to the Manual in the answer sections. Now in its nineteenth edition, both the Manual and Workbook contain the latest legislation and case law relevant to the 2021 NIE, including the Policing and Crime Act 2017 and the revised PACE codes C, E and F, new legislation under the Investigatory Powers Act 2016, and significant case law decisions.
This insightful book provides an analysis of the central ethical issues that have arisen in combatting global terrorism and, in particular, jihadist terrorist groups, notably Al Qaeda, Islamic State and their affiliates. Chapters explore the theoretical problems that arise in relation to terrorism, such as the definition of terrorism and the concept of collective responsibility, and consider specific ethical issues in counter-terrorism. The book discusses a range of key topics including targeted killing, enhanced interrogation of terrorists, preventive detention, freedom of expression and terrorist content on social media, bulk metadata collection and responding to terrorist attacks that use weapons of mass destruction. It also explores ethical issues that have often been neglected, such as psychological warfare and stings. Taking a practical approach, the book offers recommendations for resolving these ethical problems in counter-terrorism. Integrating philosophical and legal analysis with empirical evidence, this book will be critical reading for scholars and students of human rights, international relations and terrorism and security law. Its use of specific examples of terrorist organisations, tactics and outcomes will also be valuable for policy-makers in the field.
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.
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