Title includes: A review of criminal law in the first decade of
democracy in the context of the latest crime statistics, succinct
critical observations on restorative justice, victims' rights,
victim compensation, and plea-bargaining; a chapter examining the
impact of the Constitution on the principles and practices of
criminal justice; a critical appraisal of the limits on the use of
force in apprehending fleeing suspects in the light of the new s 49
of the Criminal Procedure Act and recent case authority; an
analysis of the implications of the Pretty v UK decision and
recommendations on voluntary euthanasia and dying with dignity; the
implications of the Youth Justice Bill; the Criminal Matters
Amendment Act 68 of 1998 and the defence of insanity; the
jurisprudential nature of the defence of provocation and emotional
stress revisited in the light of the S v Eadie judgment in the
context of observations on domestic violence; the choice between
individualising the normative standard of negligence or
objectifying aspects of the subjective standard of capacity and
finding a viable and fair solution for a multicultural society; a
critical evaluation of strict and vicarious liability to emphasise
individual autonomy in criminal theory and to focus on fault-based
criminal liability; a study of corporate criminal responsibility in
the light of modern theories; an evaluation of common purpose
liability in the light of S v Thebus; a completely new chapter on
organised crime (including racketeering, money laundering, criminal
gang activity and asset forfeiture) in terms of the provisions of
the Prevention of Organised Crime Act 1998 and the Financial
Intelligence Centre Act 2001. An evaluation of the Supreme Court of
Appeal judgment in NDPP v (1) RO Cook Properties (Pty) Ltd; (2) 37
Gillespie Street Durban (Pty) Ltd; (3) Seevnarayan; up-to-date
coverage of recent anti-corruption legislation; completely
restructured and extended chapters on rape and sexual offences,
incorporating crucial law reform initiatives and their impact; a
full and critical discussion of the effect of the Rheeder judgment
on extra-contractual use.
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