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Zeitschriftenartikel zum Thema "Criminal procedure – South Africa – Case studies"

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Khoele, Kwena B., Paul H. De Wet, Hermanus W. Pretorius und Jaqui Sommerville. „Case series of females charged with murder or attempted murder of minors and referred to Weskoppies Hospital in terms of the Criminal Procedure Act over a period of 21 years“. South African Journal of Psychiatry 22, Nr. 1 (06.05.2016): 7. http://dx.doi.org/10.4102/sajpsychiatry.v22i1.887.

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Women charged with murder or attempted murders of children are usually sent for forensic psychiatric evaluation. In South Africa research and literature on this population is scarce. A case series was studied of forensic files of 32 females charged with murder or attempted murder of children. These files contained information of such females. The forensic psychiatric observation was mainly to establish whether a psychiatric diagnosis could be made, and whether they were triable and accountable. Files from 01 Jan 1990 to 31 Dec 2010 (21 years) were obtained of cases observed in Weskoppies Hospital. The aim of describing these case series was to attempt to find a psychiatric profile of such cases, as well as to find other information e.g. Demographics. The findings, after forensic observation regarding their ability to follow court proceedings and their ability to contribute meaningfully to their defence (triability) as well as their ability to distinguish between right and wrong, and their ability to act in accordance with the said appreciation (accountability) at the time of the alleged offence were also reported. This information could contribute to make medical practitioners and mental health care workers aware of risk factors involving such cases and to encourage them to enquire about these risk factors.
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Mujuzi, Jamil Ddamulira. „Protecting Animals from Mistreatment through Private Prosecutions in South Africa: A Comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)“. Journal of African Law 61, Nr. 2 (08.05.2017): 289–304. http://dx.doi.org/10.1017/s0021855317000146.

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AbstractThe general rule in South Africa is that, when an offence is committed, the suspect has to be prosecuted by a public prosecutor. However, there is an exception whereby a victim of crime is permitted to institute a private prosecution if the prosecutor has declined to prosecute. South African law allows natural, but not juristic, persons to institute private prosecutions. In the case examined in this note, the appellant argued that the law prohibiting juristic persons from instituting private prosecutions is discriminatory. The Supreme Court of Appeal held that private prosecutions are only permitted on grounds of direct infringement of human dignity. This note argues that section 7 of the Criminal Procedure Act is unconstitutional for excluding juristic persons from instituting private prosecutions and recommends steps the appellant could take to institute private prosecutions against those who mistreat animals.
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Njindan Iyke, Bernard. „Assessing the effects of housing market shocks on output: the case of South Africa“. Studies in Economics and Finance 35, Nr. 2 (04.06.2018): 287–306. http://dx.doi.org/10.1108/sef-09-2016-0237.

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Purpose This paper aims to assess the effects of housing market shocks on real output in South Africa, by focusing on the real private consumption channel. Design/methodology/approach It measures housing market shocks as non-monetary housing shocks, uses a data set covering the period 1969Q4-2014Q4 and uses the agnostic identification procedure. Findings The paper finds that 20 per cent of the variation in house prices is explained by these shocks. The paper also finds that the effects of housing demand shocks on real private consumption are short-lived and generate a transitory real output response. Overall, housing demand shocks have managed to explain nearly 13 per cent and 14 per cent of the variation in real private consumption and real output respectively, over 20-quarters ahead forecast revision. Research limitations/implications This finding suggests that shocks emanating from the housing market in the country are essential and should be considered when making macroeconomic policy decisions. Originality/value None of the existing studies, to our knowledge, have empirically assessed the effects of housing market shocks on real output directly. This paper attempts to contribute to the literature by assessing the direct impact of housing market shocks on the real output, using South Africa as a case study.
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Nortje, Windell. „Warrantless Search and Seizures by the South African Police Service: Weighing up the Right to Privacy versus the Prevention of Crime“. Potchefstroom Electronic Law Journal 24 (26.01.2021): 1–27. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8153.

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The constitutional right to privacy is enshrined in section 14 of the Constitution of the Republic of South Africa, 1996. It is premised on the notion that all persons should be protected from intrusions on their privacy by any person or institution. The Constitutional Court has also, on numerous occasions, held that the right to privacy is bolstered by its connection with the right to human dignity. It is undeniable that every person's right to privacy should be protected. However, a person's right to privacy is violated when police officials conduct warrantless search and seizure operations. Generally section 22 of the Criminal Procedure Act provides for warrantless search and seizure operations when a police official has a reasonable suspicion that a search warrant will be issued to him and that a delay in obtaining such a warrant would defeat the object of the search. Warrantless searches are important for the prevention of crime, but recent case law has suggested that there has been a progressive shift towards protecting the right to privacy of the individual subjected to warrantless searches, since there are a number of laws besides section 22 that regulate warrantless searches and which have been declared to be constitutionally invalid. This article seeks to demonstrate that the current regulatory framework for warrantless searches should be reviewed in order to protect the legitimacy of the police as well as the dignity and privacy of the citizens of South Africa.
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Govender, Karthy, und Paul Swanepoel. „Cynicism and the Rule of Law: A Critical Analysis of President of the RSA V M&G Media Limited 2012 2 SA 50 (CC) and Associated Judgments“. Southern African Public Law 30, Nr. 2 (01.12.2017): 580–97. http://dx.doi.org/10.25159/2522-6800/3593.

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In June 2015 the High Court granted an interim order prohibiting Sudanese President Omar al-Bashir from leaving South Africa. Although Al-Bashir is wanted by the International Criminal Court for war crimes and South Africa is a signatory to the Rome Statute and has passed the Implementation Act, the government failed to arrest him as required by an order of court. Short-term political considerations appear to have outweighed the need to respect the rule of law. Parallels can be drawn between this incident and the decision by the executive to refuse access to the Khampepe Report when requested to do so by the Mail and Guardian newspaper. The report was prepared at the request of former President Mbeki by two senior South African judges, after a visit to Zimbabwe shortly before the election held in that country in 2002. In an attempt to prevent disclosure, the executive approached various courts on six different occasions and drew out the process for more than six years. The main issue in this case is the use of section 80 of the Promotion of Access to Information Act by the courts, a discretionary power that is applied sparingly. In terms of PAIA, the state is prevented from making reference to the content of a record in order to support a claim of exemption. In such instances, section 80 provides courts with the power to inspect the record – a procedure known as a ‘judicial peek’ – in order to make a determination as to whether the exemption is justified. This case provides a clear example of how the state cynically used this provision as a dilatory tactic in refusing access to the report. The current system that relies solely on the courts to handle access to information matters undermines the main objectives of the Act and is inefficient and costly. It is recommended that PAIA be amended to provide for an information commissioner with powers to mediate and make binding decisions.
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Ngoepe, Mpho, und Salmon Makhubela. „“Justice delayed is justice denied”“. Records Management Journal 25, Nr. 3 (16.11.2015): 288–305. http://dx.doi.org/10.1108/rmj-06-2015-0023.

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Purpose – The purpose of this study is to investigate the cases of “delayed and denied” justice that resulted from a lack of or poor record-keeping in the South African courts and police service with a view to encouraging proper records management. Proper records management plays a significant role in supporting the justice system. Records provide the critical evidence that a particular action or transaction took place and can be used as evidence in a court of law. Without reliable and authentic records, government cannot administer justice and, as a result, offenders can be set free while the victims are denied justice. Design/methodology/approach – Utilising content analysis, this study extracted print media articles (2000-2012) relating to the “records and justice system” from the South African Media database, which is one of the databases hosted by the South African Bibliographic and Information Network. The study selected cases reported in the media to conduct follow-up interviews with a policeman, lawyer and judge to discover the implications of the unavailability of required records in court cases. Furthermore, access was given to three selected cases that were given high profile in the media and these cases were analysed to find out what the final verdict in each case was. Findings – Results of the study suggest that some criminal cases were withdrawn due to missing dockets or cases not properly registered. In some instances, records were reconstructed, resulting in the travesty of justice. The study concludes by arguing that if records are not accounted for, lawyers, prosecutors and magistrates could dispute the authenticity of records. As a result, justice for victims would be delayed and ultimately denied while the perpetrators are freed. Research limitations/implications – The findings and recommendations of this study may go a long way in helping courts in South Africa to manage records properly to support the justice system. Furthermore, the study is a useful compilation of the importance of missing records for social purposes. Originality/value – In an attempt to show the role of records management in the administration of justice in South Africa, this study used a triangulation of data collection tools. This is a new attempt, especially in the South African context. Previous studies in southern Africa only looked at the management of records in supporting justice system.
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Meintjes, Lirieka. „JUDICIAL UNDERSTANDING OF THE RELIABILITY OF EYEWITNESS EVIDENCE: A TALE OF TWO CASES“. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (25.07.2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1247.

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One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it was previously considered to be. In approximately 75% of DNA exonerations in the United States, mistaken eyewitness identifications were the principal cause of wrongful convictions. Notwithstanding scientific advances regarding human memory and other factors that could influence identifications by eyewitnesses, courts have not shown eagerness in utilising such scientific knowledge in reaching legal decisions. Two cases have been chosen for discussion in this article. In S v Henderson 27 A 3d 872 (NJ 2011) the New Jersey Supreme Court was the first in State and Federal jurisdictions in the US that adopted a science-based approach to the evaluation of eyewitness evidence. The other case under discussion is S v Mdlongwa 2010 2 SACR 419 (SCA),a South African Supreme Court of Appeal judgment, where the identification of the perpetrator was based on an eyewitness account and the evidence of an expert on CCTV images. In part one of this article the research findings with regard to estimator variables that were acknowledged in S v Henderson are discussed. Part two specifically scrutinizes S v Mdlongwa to determine the extent to which psychological eyewitness research findings are recognised in South Africa as having an influence on the reliability of eyewitness evidence. In Henderson the court recognised that the legal standards governing the admissibility and use of identification evidence lagged far behind the findings of numerous studies in the social sciences. The new wave introduced by S v Henderson has not gone unnoticed in other State courts in the USA. In Massachusetts, for example, the Justices of the Supreme Judicial Court convened a study group on Eyewitness Evidence and the resulting report inter alia recommended judicial notice of modern psychological principles, revised jury eyewitness identification instructions and continuous education of both judges and lawyers. Recognition and education pertaining to these factors can and should be incorporated in South Africa.
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Kariuki, Paul, Lizzy O Ofusori, Prabhakar Rontala Subramanniam, Moses Okpeku und Maria L Goyayi. „Challenges in Contact Tracing by Mining Mobile Phone Location Data for COVID-19: Implications for Public Governance in South Africa“. Interdisciplinary Journal of Information, Knowledge, and Management 16 (2021): 101–24. http://dx.doi.org/10.28945/4736.

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Aim/Purpose: The paper’s objective is to examine the challenges of using the mobile phone to mine location data for effective contact tracing of symptomatic, pre-symptomatic, and asymptomatic individuals and the implications of this technology for public health governance. Background: The COVID-19 crisis has created an unprecedented need for contact tracing across South Africa, requiring thousands of people to be traced and their details captured in government health databases as part of public health efforts aimed at breaking the chains of transmission. Contact tracing for COVID-19 requires the identification of persons who may have been exposed to the virus and following them up daily for 14 days from the last point of exposure. Mining mobile phone location data can play a critical role in locating people from the time they were identified as contacts to the time they access medical assistance. In this case, it aids data flow to various databases designated for COVID-19 work. Methodology: The researchers conducted a review of the available literature on this subject drawing from academic articles published in peer-reviewed journals, research reports, and other relevant national and international government documents reporting on public health and COVID-19. Document analysis was used as the primary research method, drawing on the case studies. Contribution: Contact tracing remains a critical strategy in curbing the deadly COVID-19 pandemic in South Africa and elsewhere in the world. However, given increasing concern regarding its invasive nature and possible infringement of individual liberties, it is imperative to interrogate the challenges related to its implementation to ensure a balance with public governance. The research findings can thus be used to inform policies and practices associated with contact tracing in South Africa. Findings: The study found that contact tracing using mobile phone location data mining can be used to enforce quarantine measures such as lockdowns aimed at mitigating a public health emergency such as COVID-19. However, the use of technology can expose the public to criminal activities by exposing their locations. From a public governance point of view, any exposure of the public to social ills is highly undesirable. Recommendations for Practitioners: In using contact tracing apps to provide pertinent data location caution needs to be exercised to ensure that sensitive private information is not made public to the extent that it compromises citizens’ safety and security. The study recommends the development and implementation of data use protocols to support the use of this technology, in order to mitigate against infringement of individual privacy and other civil liberties. Recommendation for Researchers: Researchers should explore ways of improving digital applications in order to improve the acceptability of the use of contact tracing technology to manage pandemics such as COVID-19, paying attention to ethical considerations. Impact on Society: Since contact tracing has implications for privacy and confidentiality it must be conducted with caution. This research highlights the challenges that the authorities must address to ensure that the right to privacy and confidentiality is upheld. Future Research: Future research could focus on collecting primary data to provide insight on contact tracing through mining mobile phone location data. Research could also be conducted on how app-based technology can enhance the effectiveness of contact tracing in order to optimize testing and tracing coverage. This has the potential to minimize transmission whilst also minimizing tracing delays. Moreover, it is important to develop contact tracing apps that are universally inter-operable and privacy-preserving.
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Rautenbach, Christa. „Editorial“. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, Nr. 6 (14.11.2014): 0. http://dx.doi.org/10.17159/1727-3781/2014/v17i6a618.

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EditorialThis voluminous issue consists of 13 articles and 8 notes dealing with various legal topics in South Africa and abroad. The articles commences with Ig Rautenbach’s discussion of the ever-elusive concept of proportionality in the light of the text of the South African Constitution. Mmaphuti Tuba analyses the different approaches adopted for the regulation of payment systems in a variety of legislative instruments by the European Union. Phoebe Boltondeals with the thorny issue of public tenders and the extent to which bidders must comply with tender specifications and conditions. Leentjie de Jong examines present-day family arbitration and the problems experienced with it. Daleen Millard and Birgit Kuschke evaluate the insurer’s pre-contractual duties in the light of the transparency principle in insurance law. Karin Calitz deals with the question if a church can be held liable for the sexual assault of children by a priest, when the victims claim as adults, many years after the events took place. The entitlement of a non-member spouse to the member’s pension forms the focus point of Clement Marumoagae’scontribution. Mitzi Wiese reflects on the correctness of the classification of liens into enrichment and contractual liens. Frans Viljoen and Nicholas Orago analyses the importance and implications of the individual communications procedure under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) and details some of the reasons why it would be beneficial for South Africa to accede thereto. The interplay between international law and labour law in South Africa in the context of diplomatic immunity is investigated byEzette Gericke. Cornelius Kilian and Elizabeth Snyman-Van Deventer consider section 75 in the Companies Act of 1973 (or its equivalent, section 36(2) in the Companies Act of 2008) and the topic of statutory approval for an artificial decrease or increase in the number of issued shares. Annelie Laas and Trynie Boezaart give a critical analysis of the legal measures available to curb bullying in schools. Further afield, Mtendeweka Mhango discusses the development and current status of the political question doctrine in Ghana.The first note by Roger Evans and Lienne Steyn deliberate on the seemingly contradictory outcomes of three high court judgments regarding the question of ownership of property which vests in the master of the high court by virtue of the Insolvency Act 24 of 1936. Philip Stevens also discusses recent judgments pronouncing on the entering of the particulars of child sex offenders into the register for sex offenders as enunciated in Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Sieg Eiselen illustrates how the Department of Trade and Industry’s proposed amendment to the definition of “electronic signature” would undermine the key principles of functional equivalence, media neutrality and party autonomy. Luanda Hawthorne deliberates on the element of exploitation in bargaining relationships between contractual parties, as highlighted in Uniting Reformed Church, De Doorns v President of the Republic of South Africa 2013 5 SA 205 (WCC). Anneliese Roos and Magda Slabbert discuss the case of Isparta v Richter 2013 6 SA 4529 (GP), which dealt with defamation in the social media on the Facebook platform. Rowena Bernard considers the case of Department of Correctional Services v Police and Prison Civil Rights Union (POPCRU) 2011 32 ILJ 2629 (LAC), where the employer's application of rules relating to the dress code of employees impacted on the religious beliefs and practices of five of the staff members. Nico Buitendag and Karin van Marle reflect on Afriforum v Malema 2011 6 SA 240 (EqC), which drew considerable attention in the media and in the public discourse. In the last contribution, James Linscott analyses F v Minister of Safety and Security 2012 1 SA 536 (CC), which dealt with the “standard” test for vicarious liability.EditorChrista Rautenbach
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Peers, F., F. Waquet, C. Cornet, P. Dubuisson, F. Ducos, P. Goloub, F. Szczap, D. Tanré und F. Thieuleux. „Absorption of aerosols above clouds from POLDER/PARASOL measurements and estimation of their Direct Radiative Effect“. Atmospheric Chemistry and Physics Discussions 14, Nr. 18 (09.10.2014): 25533–79. http://dx.doi.org/10.5194/acpd-14-25533-2014.

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Abstract. The albedo of clouds and the aerosol absorption are key parameters to evaluate the direct radiative effect of an aerosol layer above clouds. While most of the retrievals of above clouds aerosol characteristics rely on assumptions on the aerosol properties, this study offers a new method to evaluate aerosol and cloud optical properties simultaneously (i.e. aerosol and cloud optical thickness, aerosol single scattering albedo and angström exponent). It is based on multi-angle total and polarized radiances both provided by the A-train satellite instrument POLDER – Polarization and Directionality of Earth Reflectances. The sensitivities brought by each kind of measurements are used in a complementary way. Polarization mostly translates scattering processes and is thus used to estimate the scattering aerosol optical thickness and the aerosol size. On the other hand, total radiances, together with the scattering properties of aerosols, are used to evaluate the absorption optical thickness of aerosols and the cloud optical thickness. In addition, a procedure has been developed to process the shortwave direct radiative effect of aerosols above clouds based on exact modeling. Besides the three case studies (i.e. biomass burning aerosols from Africa and Siberia and Saharan dust), both algorithms have been applied on the South East Atlantic Ocean and results have been averaged through August 2006. The mean direct radiative effect is found to be 33.5 W m−2. Finally, the effect of the heterogeneity of clouds has been investigated and reveals that it affects mostly the retrieval of the cloud optical thickness and not much the aerosols properties. The homogenous cloud assumption used in both the properties retrieval and the DRE processing leads to a slight underestimation of the DRE.
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Dissertationen zum Thema "Criminal procedure – South Africa – Case studies"

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Viljoen, Charmell S. „Secondary victimisation in the court procedures of rape cases : an analysis of four court cases“. Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53584.

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Thesis (MPhil)--Stellenbosch University, 2003.
ENGLISH ABSTRACT: Violence against women is a serious offence. Emotional and physical abuse can happen to our daughters, sisters and wives. Rape is a form of violence against women. It violates a woman's privacy, dignity and it makes her feel as if she has lost control. The criminal justice system is there to protect the citizens of a country and this protection should extend to women when they have been violated. The criminal justice system has different structures, for example the courts, medical services and police services. The staff of the criminal justice process do not have an inherent duty to care about rape survivors but they can be trained to treat survivors with consideration and sympathy to counteract the effects of the rape and secondary victimization experienced by rape survivors. It is important that there are guidelines for the staff of the criminal justice system to assist them in rape cases. This thesis explores whether women experience secondary victimisation during court proceedings. To assess whether it occurs, court transcripts were analysed with a focus placed on the background of the court case and the verdicts of the judges. Findings indicate that secondary victimisation do occur during court cases. Rape survivors feel as if they are on trial and not the rapist. Survivors furthermore believe that they will have to live with the label that they had been raped and humiliated. The thesis recommends that officials of the criminal justice process should receive extensive training, and looks at the Sexual Offences Court in Wynberg as an example of an improved system for rape survivors. It is recommended that the procedures of the Sexual Offences Court should be evaluated on a regular basis to address secondary victimisation problems that may persist. Communication is very important during the rape trial. The rape survivor has to be informed about her case and about the location of the rapist at all times.
AFRIKAANSE OPSOMMING: Geweld teen vroue is 'n ernstige oortreding wat plaasvind in ons samelewing. Emosionele en fisiese geweld kan gebeur met ons dogters, vroue en susters. Hierdie vorm van geweld laat vroue voel asof hulle beheer verloor oor hulle lewens en dit het ook 'n impak op hul self respek en selfbeeld. Die Kriminele Sisteem van Suid Afrika is daar om die belange van sy inwoners te beskerm. Dit het verskillende afdelings byvoorbeeld, die mediese dienste, die polisie en die hof verrigtinge. Die lede van die Kriminele Sisteem werk met verskillende individue wat voel dat die hof die uitweg sal wees wat geregtigheid sal laat geskied. Die lede van die Kriminele Sisteem het nie 'n persoonlike verantwoordelikheid teenoor die verkragtings oorlewendes nie, maar hulle moet sensitiwiteit en empatie betoon teenoor die dames wat verkrag was. Die gedrag van die personeel speel 'n groot rol in terme van hoe die vrou wat verkrag was die aangeleentheid verwerk. Die fokus van die studie is om te kyk of vroue wel sekondêre viktimisering ervaar wanneer hulle besluit om voort te gaan met die hofsake. Hof transkripsies was gebruik om te kyk of vroue wel benadeel word. Daar was gekyk na die uitsprake van die regters sowel as die agtergrond van die hofsaak. Daar was bevind dat sekondêre viktimisering wel plaasvind gedurende die hof verrigtinge. Vroue voel asof hulle verantwoordelik is vir die verkragting wat met hulle gebeur het. Die verkragter word nie gesien as die persoon wat oortree het nie. Hierdie gevoelens van self blamering vorm deel van sekondêre viktimisering wat veroorsaak dat vroue sommige kere voel om nie verder te gaan met die hof saak nie. Die verskillende lede van die Kriminele Sisteem moet gedurig opleiding verkry wat hulle in staat sal stel om die gevoelens van die slagoffers in ag te neem. Die howe wat spesiaal opgerig is om verkragting sake te verhoor moet geevalueer word sodat dit 'n sukses kan wees. Kommunikasie moet bevorder word tussen die verskillende departemente en nie -regerings organisasies wat 'n rol speel gedurende die hof sake.
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Magobotiti, Chris Derby. „The contribution of social work to the prevention of crime by the criminal justice system in the Western Cape“. Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52500.

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Thesis (M.A.)--Stellenbosch University, 2001.
ENGLISH ABSTRACT: This study deals with crime prevention within the criminal justice system in response to the current crime situation in the Western Cape. It describes the structure and function of the criminal justice system and assesses crime prevention processes with specific reference to the role of social work within the criminal justice system. It further examines the criminal justice system as practised in the Western Cape, paying specific attention to the role of the police, criminal courts and prisons in the prevention of crime. In line with the nature of the study an exploratory approach was used. The data was collected from both primary and secondary sources. Interviews and observations were the main research techniques used for gathering primary data. Secondary data + was gathered by means of a study of the literature. Structured and unstructured interviews were conducted with social workers, magistrates, police officers, prosecutors, victims, offenders, community workers and other officials of the criminal justice system. These interviews were mainly conducted at Wynberg magistrates' court, Drakenstein Prison (formerly known as Victor Verster Prison) and organisations based in the metro areas and on the Cape Flats. The study was conducted over a period of three years with the interview schedule administered between May and August 2000. A sample of 21 respondents was selected on the basis of a purposive approach and procedure. The comprehensive interview schedule consisted of mainly open-ended and a few closed questions, generating information on the profiles of respondents, crime dynamics in the Western Cape, the sentencing process and prevention strategies, matters related to the criminal justice system and corrections, and the role of community justice in the prevention of crime. The generated qualitative data was analysed and interpreted. The findings suggested the necessity for social work to make a contribution to the prevention of crime in a sensitive and proactive way. The analysis has shown that criminal justice approaches can significantly enhance the process of crime prevention, but that the criminal justice system requires combined strategies and approaches for crime prevention to be effective. It is in this context that the contribution of social work can be much more effective. The recommendations of the study have demonstrated a need for social workers to promote approaches that are premised on a broader understanding of the role of the criminal justice system in the prevention of crime. It is important to state that the study's recommendations for the prevention of .crirne can also be implemented by other role-players, particularly within the criminal justice system.
AFRIKAANSE OPSOMMING: Hierdie ondersoek handeloor misdaadvoorkoming deur die strafregstelsel in reaksie tot die huidige misdaadsituasie in-die Wes-Kaap. Dit beskryf die struktuur en funksie van die stafregstelsel en beoordeel misdaadvoorkomingsprosesse met besondere verwysing na die rol van maatskaplike werk binne die strafregstelsel. Dit ondersoek verder die strafregstelsel soos beoefen in die Wes-Kaap deur veral aandag te gee aan die rol van die polisie, die howe en gevangenisse in die voorkoming van misdaad. Die aard van die ondersoek vereis dat 'n eksplorerende benadering gevolg is. Data is versamel uit primêre sowel as sekondêre bronne. Onderhoude en waarnemings + was die hoof navorsingstegnieke wat gebruik is om primêre data te versamel. Sekondêre data is weer verkry deur 'n studie van die literatuur. Gestruktureerde en ongestruktureerde onderhoude is gevoer met maatskaplike werkers, landdroste, polisie beamptes, openbare vervolgers, slagoffers, gevonnisde misdadigers, gemeenkapswerkers en ander beamptes van die strafregstelsel. Hierdie onderhoude is hoofsaaklik gevoer by die Wynbergse landdroshof, Drakenstein Gevangenis (voorheen Victor Verster Gevangenis) en organisasies werksaam in die metropolitaanse gebiede en die Kaapse Vlakte. Die ondersoek is onderneem oor 'n periode van drie jaar met die onderhoude gevoer tussen Mei en Augustus 2000. 'n Steekproef van 21 respondente is geselekteer op die grondslag van 'n doelgerigte benadering en prosedure. Die omvangryke onderhoudskedule bestaan uit oorwegend oop en 'n beperkte aantal geslote vrae, en het inligting gegenereer oor die respondent-profiel, misdaad-dinamika in die Wes-Kaap, die vonnisopleggingsproses en voorkomingstrategieë, sake rakende die strafregstelsel en korrektiewe optrede, en die rol van gemeenskapsreg in die voorkoming van suggereer die noodsaaklikheid daarvan vir maatskaplike werk om 'n bydrae te lewer ,- tot die voorkoming van misdaad op 'n sensitiewe en proaktiewe wyse. Die ontledings het aangetoon dat strafregbenaderings die proses van misdaadvoorkoming beduidend kan verhoog maar om misdaadvoorkoming effektief te laat geskied, vereis die strafregstelsel gekombineerde strategieë en benaderings. Dit is binne hierdie verband dat die bydrae van maatskaplike werk baie meer effektief kan wees. Die aanbevelings van die ondersoek wys op 'n behoefte by maatskaplike werkers om benaderings te bevorder wat gebaseer is op 'n breër begrip van die rol van die strafregstelsel in die voorkoming van misdaad. Dit is van belang om te stel dat die ondersoek se aanbevelings vir die voorkoming van misdaad ook geïmplementeer kan word deur ander rolspelers, veral binne die strafregstelsel.
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3

Siegelaar, Leslie. „n Ondersoek na ernstige geweldsmisdaad : voorstelle vir opleiding ('n gevalstudie)“. Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51853.

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Thesis (MPA)--University of Stellenbosch, 2000.
ENGLISH ABSTRACT: Not a single day passes in South Africa without various violent crimes making the front pages of the local media. The Cape Flats in the Western Cape is one of areas which is seriously affected by violent crime. During the past three years serious violent crimes committed with a firearm have shown a sharp increase. The investigation of such crimes is, just as its prevention, a priority of the SAPS. Investigation of serious violent crime has also changed since the amalgamation of the eleven police agencies in 1996. Whereas the Murder and Robbery Unit was responsible for investigation crimes such as murder and attempted murder using a firearm before 1996, most of these crimes are nowadays investigated by members attached to local detective units. Specialist knowledge is required for the investigation of the said crimes whereas local detectives have only received training in conducting general investigations. The question arising is what is the influence of this training on the investigation of serious crime and more specifically their solution. Against this background the current state of training received by local detectives is investigated as well as the influence on the investigation of serious violent crimes. The SAPS Ravensmead Detective Service is used as a case studyforthis purpose. Practice is compared to the theory and conclusions are drawn about the influence of training on the success rate during the investigation of serious violent crimes.
AFRIKAANSE OPSOMMING: Nie 'n enkele dag gaan in Suid - Afrika verby sonder verskeie geweldsmisdade as voorbladnuus nie. Die Kaapse Vlakte in die Wes -Kaap is van die gebiede wat erg deur ernstige geweldsmisdaad geraak word. Die afgelope drie jaar het ernstige geweldsmisdaad wat gepleeg word deur die gebruik van 'n vuurwapen skerp gestyg. Die ondersoek van dié misdade is net soos die voorkoming daarvan vir die SAPD 'n prioriteit. Die ondersoek van ernstige geweldsmisdaad het na die amalgamering van elf polisie - agentskappe in 1996 verander. Waar die Moord - en - Roofeenheid voor 1996 vir die ondersoek van misdade soos moord en poging tot moord met 'n vuurwapen gepleeg, verantwoordelik was, word die meeste van die misdade nou deur lede verbonde aan plaaslike speureenhede ondersoek. Gespesialiseerde kennis word benodig vir die ondersoek van die genoemde misdade. Plaaslike speurders het slegs opleiding ontvang om algemene ondersoeke waar te neem. Die vraag wat nou ontstaan is wat is die invloed hiervan op die ondersoek van ernstige geweldsmisdaad en meer spesifiek die oplossing daarvan. Teen hierdie agtergrond word ondersoek ingestel na die huidige stand van opleiding van plaaslike speurders en die uitwerking daarvan op die ondersoek van ernstige geweldsmisdaad. Vir hierdie doeleindes word SAPD Ravensmead Speurdiens as gevalstudie gebruik. Die praktyk word met die teorie vergelyk en gevolgtrekkings word gemaak oor die invloed van opleiding op die suksessyfer in die ondersoek van ernstige geweldsmisdaad.
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4

Mokonyama, William Madimetja. „A critical analysis of the procedures followed to conduct identification parades : a case study in Mpumalanga, South Africa“. Thesis, 2010. http://hdl.handle.net/10500/3530.

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The research attempts to establish how an identification parade should be conducted, for evidence derived from it to be admissible in court. To conduct effective investigation, it is important for investigators to be familiar with the concept “identification parade”, its purpose, the procedures to conduct it and its values. To achieve the goals and objectives of the practice of an identification parade, investigators must know how to conduct it, what the value of its evidence is, and how to use it as a technique to identify suspects. The direction, by implication, and clarification of the crime situation, is hardly possible without the determination of the identity of the perpetrator or suspect of a criminal act. The recognition of the identification parade as a form of evidence gathered is of the utmost importance.
Criminology
Thesis (M.Tech. (Forensic Investigation))
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5

Prins, George Anthony. „Maintaining the chain of evidence : a South African case study of blood samples in the case of driving liquour“. Diss., 2009. http://hdl.handle.net/10500/3590.

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The research attempts to evaluate the maintaining of the chain of evidence as a process of effective collection, handling and preservation of evidence. The concept "chain of evidence" refers to the process of collecting, handling and preservation of evidence until its presentation in court, as part of the investigation process. Evidence is anything that tends logically to prove or disprove a fact at issue in a judicial case. Evidence essentially consists of oral evidence, documentary evidence and real evidence. The value of evidence cannot be underestimated as evidence can make or break a case. It is therefore important that evidence is correctly and properly collected, handled and preserved to establish a strong link between an individual and a specific act.
Police Practice
Thesis ((M. Tech. (Forensic Investigation) Police Practice))
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6

Dube, Ntombenhle Cecilia. „Evaluating the role of investigators during bail application“. Diss., 2016. http://hdl.handle.net/10500/22671.

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Text in English
Every victim wants to see the perpetrator or offender of serious crimes convicted for their criminal actions. Each victim in a case is supported by witnesses and the community in wanting accused persons to be locked away behind bars. Having the accused persons locked away in prison is an achievement of every role player involved in the process of putting that accused where he/she belongs. The ultimate goal of investigation is to see successful bail opposing to ensure the safety of witnesses. There are accused who are released from custody by the court despite many attempts made by an investigator to keep that criminal in custody until trial. Victims and witnesses are struggling to get their offenders punished for the crimes they committed. It is the wish of every investigator of crime to satisfy every complainant in cases but it does not always happen, not because of any lack of skills, but because of many factors which come along with the successful prosecution in a case. Once the accused is released on bail, the chances and hopes of putting him/her back in prison are equal to the chances of getting him/her back in the community for good. This difficulty is caused by the fact that, once the accused is out on bail he/she might evade trial or the docket will be in and out of court for further evidence until the court declines to prosecute.
Criminal and Procedural Law
M.A. (Criminal Justice)
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7

Mabeba, Isaac Phetole. „An investigation into the effect of rehabilitation programmes on sentenced offenders : the case of Kutama -Sinthumule Correctional Centre“. Diss., 2018. http://hdl.handle.net/10500/24929.

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Literature debates the success of rehabilitation programmes in recidivism of offenders. This dissertation explores the effect of rehabilitation programmes on sentenced offenders at Kutama-Sinthumule Correctional Centre (KSCC). Correctional centres offer various rehabilitation programmes with the aim of reducing recidivism and rehabilitating sentenced offenders. The study used a qualitative research design with semi-structured interviews. The findings indicate the perception of sentenced offenders changed from being negative to positive after completion of rehabilitation programmes and that rehabilitation programmes complement the reduction of recidivism. Gangsterism and the language medium was found to be a challenge to offender participation. Upon completion, the programmes were found to enhance offenders` chances of employment post-prison. The study recommends that programmes encourage rebuilding relationships and DCS improves their offered programmes to achieve the success of KSCC and recommends reinstating a credit system as incentive for participation, and a revision of the language of instruction used on these programmes.
Public Administration and Management
M.Admin. (Public Administration)
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8

Singh, Vanessa. „An examination of the dynamics of the family systems on the lives of youth awaiting trial at the Excelsior Place of Safety Secure Care Centre“. Thesis, 2003. http://hdl.handle.net/10413/4081.

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The main aim of the study was an examination of the dynamics of family systems on the lives of youth awaiting trial at the Excelsior Place of Safety that functions as a secure care programme. Secure care is a new concept in South Africa and serves as an alternative to the imprisonment of children awaiting trial. The study identifies the family as central in adolescent development and assumes that there are particular dynamics within family systems that may impact on the lives of youth resulting in deviancy and criminality. The study was based on the philosophy of secure care, Erikson's theory of Adolescent Development, Attachment theory, the Ecosystems and Ecological Strengths-Based Approaches. Twenty-five youth awaiting trial were interviewed at Excelsior. The study found that children who offend come from impoverished communities where the household income is less than the Poverty Datum Line (PDL.) High-risk youth come from women-headed households that lack male role models and have little or no source of income. In these instances where the family cannot provide for the youth's needs that the youth is prone to criminality to satisfy them. The study recommended strengthened intervention strategies to be utilised by all service providers in working with youth at risk and their families. It also recommends the strengthening of the secure care programme to address the needs of awaiting trial youth and to divert youth from the prison environment. The study further suggested that secure care centres that have trained personnel in adolescent development, should undertake more community outreach to also target children and youth in communities.
Thesis (M.Dev.Studies)-University of Natal, Durban, 2003.
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9

Mphaphuli, Lucy Nthepa. „Experiences and challenges of witnesses in the witness protection programme in South Africa : guidelines for coordinated service delivery developed from a social work perspective“. Thesis, 2020. http://hdl.handle.net/10500/27521.

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Modern society is increasingly threatened by organised crime. Crime undermines democracy and causes harm to the general functioning of a country and the quality of life of its citizens. A lack of protection measures for witnesses of crime renders the criminal justice system weak and ineffective in its quest to fight crime. Witness protection programmes and the testimony of a witness play a pivotal role in the fight against organised crime, without which securing successful prosecutions becomes a daunting task. Despite the important role of witnesses in the criminal justice system, there seems to be a dearth of literature focusing on the experiences of witnesses within the South African context. The researcher was able to gain an in-depth understanding of the experiences, challenges, and coping strategies of witnesses by employing an instrumental case study design within the framework of exploratory, descriptive, and contextual research from the vantage point of witnesses and staff members in the witness protection programme in South Africa. A total number of 30 participants were recruited by means of purposive sampling. Data was collected through individual, face-to-face interviews undertaken in six provinces. Analysis of the data was conducted in line with the eight steps of data analysis proposed by Tesch (in Creswell 2009:186) and Guba’s principles of trustworthiness were employed in the verification of the data. The ethical principles of informed consent, confidentiality, anonymity, beneficence, data management, and debriefing were observed. This study drew from Caplan’s (1964) crisis theory and the coping theory by Lazarus (1993). The findings of this study revealed that there is a general lack of awareness among the communities and members of the criminal justice system about the existence of the witness protection programme in South Africa. Witnesses also expressed that they found it difficult to cope and adjust in the programme, because of challenges such as social uprooting and isolation. While some witnesses were able to adjust, some resorted to exiting the programme prematurely. Suggestions by participants towards the support of witnesses paved a foundation for the development of guidelines for coordinated service delivery in the South African Witness Protection Programme.
Social Work
D. Phil. (Social Work)
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10

Ladikos, Anastasios 1948. „Kriminologiese ontleding van manlike observasiegevalle“. Thesis, 1999. http://hdl.handle.net/10500/17160.

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Afrikaans text
The purpose of this study was to retrospectively analyze a group of observation cases referred to a psychiatric institution through the criminal justice system by means of certain measuring instruments in order to determine on which grounds some of the cases were classified as criminals and others as state patients. The sample for the purposes of this investigation consisted of one hundred and forty-two cases referred to the Weskoppies hospital for psychiatric observation during 1988 to 1994. The measuring instruments were the South African Wechsler intelligence scale, the Rorschach projective technique and an information schedule which was used for the purpose of gathering biographical information and personal details of each particular case. The data collected through these instruments was statistically analyzed utilising frequencies and crosstabulations, chi-square tests, t-tests, correspondence analyses, factor analyses and regression analyses. The findings of this investigation revealed that crimes concerning personal relations and property crimes were more committed by criminals than state patients while crimes concerning communal life were encountered more amongst state patients than criminals. Non-person-directed crimes of violence were encountered proportionally more amongst state patients who had a history of substance abuse than in criminals with a similar history. State patients who had a history of substance abuse were proportionally more prosecuted on account of person-directed-crimes of violence than criminals with a similar history. The predictive measuring instrument developed by means of regression analysis indicated as important predictors three subtests of the South African Wechsler intelligence scale namely general information, digit-symbol substitution and picture arrangement as well as the variable "previous psychiatric treatment". The following recommendations were also made: The current endeavour to adapt the South African Wechsler intelligence scale for all population groups needs to be maintained and this adaptation should also be pursued in each country where the scale is used or was used in the past. It is advisable to draw up certain profiles of specific offenders by means of the Rorschach projective technique while the testing procedure should preferably be undertaken by the same researcher. Provision should be made that the accused be declared as state patients only on account of serious and violent crimes while the courts should have the right in appropriate cases to charge the accused with detention in accordance with chapter three of the Mental Health Act. The testimony of criminologists and psychologists should be added to the testimony of psychiatrists especially in cases of accountability or diminished accountability. The proposed predictive model may be further refined and adapted through the use of a larger, nation-wide sample resulting in the inclusion of a greater number of observation cases and variables. Due to the accelerating rate of revision associated with The DSM­ IV manual and the fact that its validity is questioned, ethically responsible psychiatrists, psychologists and criminologists are obligated to identify practices and procedures which threaten to misinform the legal system.
Die doel van hierdie studie was om aan die hand van bepaalde meetinstrumente retrospektief 'n groep observasiegevalle wat deur die regstelsel na 'n psigiatriese inrigting verwys is, te ontleed, sodat daar vasgestel kon word op watter gronde sekere van die gevalle as misdadigers en ander as staatspasiente geklassifiseer is. Die steekproef vir die doeleindes van hierdie ondersoek het bestaan uit honderd twee-en-veertig gevalle wat vanaf 1988 tot 1994 na Weskoppieshospitaal vir psigiatriese waarneming verwys is. Die meetinstrumente wat gebruik is, was die Suid-Afrikaanse Wechsler-intelligensieskaal, die Rorschach-projeksietegniek en 'n inligtingskedule wat biografiese inligting en persoonlike besonderhede van elke besondere geval ingewin het. Die gegewens wat uit hierdie meetinstrumente versamel is, is statisties verwerk met behulp van frekwensies en kruistabellerings, chi­ kwadraattoetse, t-toetse, korrespondensie-analises, faktoranalises en regressie-ontledings. Die bevindinge van die ondersoek het aan die lig gebring dat persoonverhoudings- en eiendomsmisdrywe meer deur misdadigers as staatspasiente gepleeg word, terwyl gemeenskapslewe misdrywe meer by staatspasiente as misdadigers voorgekom het. Nie-persoonsgerigte geweldsmisdrywe het verhoudingsgewys meer onder staatspasiente met 'n geskiedenis van substansmisbruik as by misdadigers met 'n soortgelyke geskiedenis voorgekom. Staatspasiente met 'n geskiedenis van substansmisbruik is ook verhoudingsgewys meer as misdadigers met 'n soortgelyke geskiedenis weens persoonsgerigte geweldsmisdrywe aangekla. Die voorspellingsmeetinstrument wat met behulp van die regressie ontledings ontwikkel is, het drie subtoetse van die Suid­ Afrikaanse Wechsler-intelligensieskaal naamlik algemene inligting, syfersimboolvervanging en prentrangskikking asook die veranderlike "vorige psigiatriese behandeling" as die belangrikste voorspellers uitgewys. Die volgende aanbevelings word ook hiermee gemaak: Daar moet volgehou word met die huidige poging om die Suid­ Afrikaanse Wechsler-intelligensieskaal vir alle bevolkingsgroepe in Suid-Afrika aan te pas asook met die aanpassing van die meetskaal vir elke land wat dit tans gebruik of in die verlede gebruik het. Dit is raadsaam om met behulp van die Rorschach projektiewe tegniek bepaalde profiele ten opsigte van spesifieke oortreders op te stel terwyl die toetsingsproses verkieslik deur dieselfde ondersoeker waargeneem word. Daar moet seker gemaak word dat beskuldigdes slegs in die geval van ernstige en gewelddadige misdade tot staatspasiente verklaar word, terwyl die howe die bevoegdheid kry om in geskikte gevalle te beveel dat beskuldigdes ingevolge Hoofstuk 3 van die Wet op Geestesgesondheid aangehou moet word. Die getuienis van kriminoloe en sielkundiges behoort bygevoeg te word by die van psigiaters en wel in gevalle waar toerekeningsvatbaarheid of verminderde toerekeningsvatbaarheid ter sprake is. Die voorgestelde voorspellingsmodel kan verder verfyn en aangepas word deurdat 'n groter, landwye steekproef van alle observasiegevalle getrek word wat uiteraard 'n groter aantal veranderlikes sal insluit. Weens die versnellingstempo van hersiening met betrekking tot die DSM-IV handleiding en die feit dat sy betroubaarheid bevraagteken word, word aanbeveel dat eties verantwoordelike gedrag aan die kant van psigiaters, sielkundiges en kriminoloe gevolg word sodat praktyke en prosedures wat die regstelsel kan benadeel, geidentifiseer kan word.
Criminology and Security Studies
D.Litt. et Phil. (Kriminologie)
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Bücher zum Thema "Criminal procedure – South Africa – Case studies"

1

Johansen, Bruce, und Adebowale Akande, Hrsg. Nationalism: Past as Prologue. Nova Science Publishers, Inc., 2021. http://dx.doi.org/10.52305/aief3847.

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Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living thing on Earth. It often compounds upon itself, so delays in reducing emissions of fossil fuels are shortening the amount of time remaining to eliminate the use of fossil fuels to preserve a livable planet. Nationalism often impedes solutions to this problem (among many others), as nations place their singular needs above the common good. Our initial proposal got around, and abstracts on many subjects arrived. Within a few weeks, we had enough good material for a 100,000-word book. The book then fattened to two moderate volumes and then to four two very hefty tomes. We tried several different titles as good submissions swelled. We also discovered that our best contributors were experts in their fields, which ranged the world. We settled on three stand-alone books:” 1/ nationalism and racial justice. Our first volume grew as the growth of Black Lives Matter following the brutal killing of George Floyd ignited protests over police brutality and other issues during 2020, following the police assassination of Floyd in Minneapolis. It is estimated that more people took part in protests of police brutality during the summer of 2020 than any other series of marches in United States history. This includes upheavals during the 1960s over racial issues and against the war in Southeast Asia (notably Vietnam). We choose a volume on racism because it is one of nationalism’s main motive forces. This volume provides a worldwide array of work on nationalism’s growth in various countries, usually by authors residing in them, or in the United States with ethnic ties to the nation being examined, often recent immigrants to the United States from them. Our roster of contributors comprises a small United Nations of insightful, well-written research and commentary from Indonesia, New Zealand, Australia, China, India, South Africa, France, Portugal, Estonia, Hungary, Russia, Poland, Kazakhstan, Georgia, and the United States. Volume 2 (this one) describes and analyzes nationalism, by country, around the world, except for the United States; and 3/material directly related to President Donald Trump, and the United States. The first volume is under consideration at the Texas A & M University Press. The other two are under contract to Nova Science Publishers (which includes social sciences). These three volumes may be used individually or as a set. Environmental material is taken up in appropriate places in each of the three books. * * * * * What became the United States of America has been strongly nationalist since the English of present-day Massachusetts and Jamestown first hit North America’s eastern shores. The country propelled itself across North America with the self-serving ideology of “manifest destiny” for four centuries before Donald Trump came along. Anyone who believes that a Trumpian affection for deportation of “illegals” is a new thing ought to take a look at immigration and deportation statistics in Adam Goodman’s The Deportation Machine: America’s Long History of Deporting Immigrants (Princeton University Press, 2020). Between 1920 and 2018, the United States deported 56.3 million people, compared with 51.7 million who were granted legal immigration status during the same dates. Nearly nine of ten deportees were Mexican (Nolan, 2020, 83). This kind of nationalism, has become an assassin of democracy as well as an impediment to solving global problems. Paul Krugman wrote in the New York Times (2019:A-25): that “In their 2018 book, How Democracies Die, the political scientists Steven Levitsky and Daniel Ziblatt documented how this process has played out in many countries, from Vladimir Putin’s Russia, to Recep Erdogan’s Turkey, to Viktor Orban’s Hungary. Add to these India’s Narendra Modi, China’s Xi Jinping, and the United States’ Donald Trump, among others. Bit by bit, the guardrails of democracy have been torn down, as institutions meant to serve the public became tools of ruling parties and self-serving ideologies, weaponized to punish and intimidate opposition parties’ opponents. On paper, these countries are still democracies; in practice, they have become one-party regimes….And it’s happening here [the United States] as we speak. If you are not worried about the future of American democracy, you aren’t paying attention” (Krugmam, 2019, A-25). We are reminded continuously that the late Carl Sagan, one of our most insightful scientific public intellectuals, had an interesting theory about highly developed civilizations. Given the number of stars and planets that must exist in the vast reaches of the universe, he said, there must be other highly developed and organized forms of life. Distance may keep us from making physical contact, but Sagan said that another reason we may never be on speaking terms with another intelligent race is (judging from our own example) could be their penchant for destroying themselves in relatively short order after reaching technological complexity. This book’s chapters, introduction, and conclusion examine the worldwide rise of partisan nationalism and the damage it has wrought on the worldwide pursuit of solutions for issues requiring worldwide scope, such scientific co-operation public health and others, mixing analysis of both. We use both historical description and analysis. This analysis concludes with a description of why we must avoid the isolating nature of nationalism that isolates people and encourages separation if we are to deal with issues of world-wide concern, and to maintain a sustainable, survivable Earth, placing the dominant political movement of our time against the Earth’s existential crises. Our contributors, all experts in their fields, each have assumed responsibility for a country, or two if they are related. This work entwines themes of worldwide concern with the political growth of nationalism because leaders with such a worldview are disinclined to co-operate internationally at a time when nations must find ways to solve common problems, such as the climate crisis. Inability to cooperate at this stage may doom everyone, eventually, to an overheated, stormy future plagued by droughts and deluges portending shortages of food and other essential commodities, meanwhile destroying large coastal urban areas because of rising sea levels. Future historians may look back at our time and wonder why as well as how our world succumbed to isolating nationalism at a time when time was so short for cooperative intervention which is crucial for survival of a sustainable earth. Pride in language and culture is salubrious to individuals’ sense of history and identity. Excess nationalism that prevents international co-operation on harmful worldwide maladies is quite another. As Pope Francis has pointed out: For all of our connectivity due to expansion of social media, ability to communicate can breed contempt as well as mutual trust. “For all our hyper-connectivity,” said Francis, “We witnessed a fragmentation that made it more difficult to resolve problems that affect us all” (Horowitz, 2020, A-12). The pope’s encyclical, titled “Brothers All,” also said: “The forces of myopic, extremist, resentful, and aggressive nationalism are on the rise.” The pope’s document also advocates support for migrants, as well as resistance to nationalist and tribal populism. Francis broadened his critique to the role of market capitalism, as well as nationalism has failed the peoples of the world when they need co-operation and solidarity in the face of the world-wide corona virus pandemic. Humankind needs to unite into “a new sense of the human family [Fratelli Tutti, “Brothers All”], that rejects war at all costs” (Pope, 2020, 6-A). Our journey takes us first to Russia, with the able eye and honed expertise of Richard D. Anderson, Jr. who teaches as UCLA and publishes on the subject of his chapter: “Putin, Russian identity, and Russia’s conduct at home and abroad.” Readers should find Dr. Anderson’s analysis fascinating because Vladimir Putin, the singular leader of Russian foreign and domestic policy these days (and perhaps for the rest of his life, given how malleable Russia’s Constitution has become) may be a short man physically, but has high ambitions. One of these involves restoring the old Russian (and Soviet) empire, which would involve re-subjugating a number of nations that broke off as the old order dissolved about 30 years ago. President (shall we say czar?) Putin also has international ambitions, notably by destabilizing the United States, where election meddling has become a specialty. The sight of Putin and U.S. president Donald Trump, two very rich men (Putin $70-$200 billion; Trump $2.5 billion), nuzzling in friendship would probably set Thomas Jefferson and Vladimir Lenin spinning in their graves. The road of history can take some unanticipated twists and turns. Consider Poland, from which we have an expert native analysis in chapter 2, Bartosz Hlebowicz, who is a Polish anthropologist and journalist. His piece is titled “Lawless and Unjust: How to Quickly Make Your Own Country a Puppet State Run by a Group of Hoodlums – the Hopeless Case of Poland (2015–2020).” When I visited Poland to teach and lecture twice between 2006 and 2008, most people seemed to be walking on air induced by freedom to conduct their own affairs to an unusual degree for a state usually squeezed between nationalists in Germany and Russia. What did the Poles then do in a couple of decades? Read Hlebowicz’ chapter and decide. It certainly isn’t soft-bellied liberalism. In Chapter 3, with Bruce E. Johansen, we visit China’s western provinces, the lands of Tibet as well as the Uighurs and other Muslims in the Xinjiang region, who would most assuredly resent being characterized as being possessed by the Chinese of the Han to the east. As a student of Native American history, I had never before thought of the Tibetans and Uighurs as Native peoples struggling against the Independence-minded peoples of a land that is called an adjunct of China on most of our maps. The random act of sitting next to a young woman on an Air India flight out of Hyderabad, bound for New Delhi taught me that the Tibetans had something to share with the Lakota, the Iroquois, and hundreds of other Native American states and nations in North America. Active resistance to Chinese rule lasted into the mid-nineteenth century, and continues today in a subversive manner, even in song, as I learned in 2018 when I acted as a foreign adjudicator on a Ph.D. dissertation by a Tibetan student at the University of Madras (in what is now in a city called Chennai), in southwestern India on resistance in song during Tibet’s recent history. Tibet is one of very few places on Earth where a young dissident can get shot to death for singing a song that troubles China’s Quest for Lebensraum. The situation in Xinjiang region, where close to a million Muslims have been interned in “reeducation” camps surrounded with brick walls and barbed wire. They sing, too. Come with us and hear the music. Back to Europe now, in Chapter 4, to Portugal and Spain, we find a break in the general pattern of nationalism. Portugal has been more progressive governmentally than most. Spain varies from a liberal majority to military coups, a pattern which has been exported to Latin America. A situation such as this can make use of the term “populism” problematic, because general usage in our time usually ties the word into a right-wing connotative straightjacket. “Populism” can be used to describe progressive (left-wing) insurgencies as well. José Pinto, who is native to Portugal and also researches and writes in Spanish as well as English, in “Populism in Portugal and Spain: a Real Neighbourhood?” provides insight into these historical paradoxes. Hungary shares some historical inclinations with Poland (above). Both emerged from Soviet dominance in an air of developing freedom and multicultural diversity after the Berlin Wall fell and the Soviet Union collapsed. Then, gradually at first, right wing-forces began to tighten up, stripping structures supporting popular freedom, from the courts, mass media, and other institutions. In Chapter 5, Bernard Tamas, in “From Youth Movement to Right-Liberal Wing Authoritarianism: The Rise of Fidesz and the Decline of Hungarian Democracy” puts the renewed growth of political and social repression into a context of worldwide nationalism. Tamas, an associate professor of political science at Valdosta State University, has been a postdoctoral fellow at Harvard University and a Fulbright scholar at the Central European University in Budapest, Hungary. His books include From Dissident to Party Politics: The Struggle for Democracy in Post-Communist Hungary (2007). Bear in mind that not everyone shares Orbán’s vision of what will make this nation great, again. On graffiti-covered walls in Budapest, Runes (traditional Hungarian script) has been found that read “Orbán is a motherfucker” (Mikanowski, 2019, 58). Also in Europe, in Chapter 6, Professor Ronan Le Coadic, of the University of Rennes, Rennes, France, in “Is There a Revival of French Nationalism?” Stating this title in the form of a question is quite appropriate because France’s nationalistic shift has built and ebbed several times during the last few decades. For a time after 2000, it came close to assuming the role of a substantial minority, only to ebb after that. In 2017, the candidate of the National Front reached the second round of the French presidential election. This was the second time this nationalist party reached the second round of the presidential election in the history of the Fifth Republic. In 2002, however, Jean-Marie Le Pen had only obtained 17.79% of the votes, while fifteen years later his daughter, Marine Le Pen, almost doubled her father's record, reaching 33.90% of the votes cast. Moreover, in the 2019 European elections, re-named Rassemblement National obtained the largest number of votes of all French political formations and can therefore boast of being "the leading party in France.” The brutality of oppressive nationalism may be expressed in personal relationships, such as child abuse. While Indonesia and Aotearoa [the Maoris’ name for New Zealand] hold very different ranks in the United Nations Human Development Programme assessments, where Indonesia is classified as a medium development country and Aotearoa New Zealand as a very high development country. In Chapter 7, “Domestic Violence Against Women in Indonesia and Aotearoa New Zealand: Making Sense of Differences and Similarities” co-authors, in Chapter 8, Mandy Morgan and Dr. Elli N. Hayati, from New Zealand and Indonesia respectively, found that despite their socio-economic differences, one in three women in each country experience physical or sexual intimate partner violence over their lifetime. In this chapter ther authors aim to deepen understandings of domestic violence through discussion of the socio-economic and demographic characteristics of theit countries to address domestic violence alongside studies of women’s attitudes to gender norms and experiences of intimate partner violence. One of the most surprising and upsetting scholarly journeys that a North American student may take involves Adolf Hitler’s comments on oppression of American Indians and Blacks as he imagined the construction of the Nazi state, a genesis of nationalism that is all but unknown in the United States of America, traced in this volume (Chapter 8) by co-editor Johansen. Beginning in Mein Kampf, during the 1920s, Hitler explicitly used the westward expansion of the United States across North America as a model and justification for Nazi conquest and anticipated colonization by Germans of what the Nazis called the “wild East” – the Slavic nations of Poland, the Baltic states, Ukraine, and Russia, most of which were under control of the Soviet Union. The Volga River (in Russia) was styled by Hitler as the Germans’ Mississippi, and covered wagons were readied for the German “manifest destiny” of imprisoning, eradicating, and replacing peoples the Nazis deemed inferior, all with direct references to events in North America during the previous century. At the same time, with no sense of contradiction, the Nazis partook of a long-standing German romanticism of Native Americans. One of Goebbels’ less propitious schemes was to confer honorary Aryan status on Native American tribes, in the hope that they would rise up against their oppressors. U.S. racial attitudes were “evidence [to the Nazis] that America was evolving in the right direction, despite its specious rhetoric about equality.” Ming Xie, originally from Beijing, in the People’s Republic of China, in Chapter 9, “News Coverage and Public Perceptions of the Social Credit System in China,” writes that The State Council of China in 2014 announced “that a nationwide social credit system would be established” in China. “Under this system, individuals, private companies, social organizations, and governmental agencies are assigned a score which will be calculated based on their trustworthiness and daily actions such as transaction history, professional conduct, obedience to law, corruption, tax evasion, and academic plagiarism.” The “nationalism” in this case is that of the state over the individual. China has 1.4 billion people; this system takes their measure for the purpose of state control. Once fully operational, control will be more subtle. People who are subject to it, through modern technology (most often smart phones) will prompt many people to self-censor. Orwell, modernized, might write: “Your smart phone is watching you.” Ming Xie holds two Ph.Ds, one in Public Administration from University of Nebraska at Omaha and another in Cultural Anthropology from the Chinese Academy of Social Sciences, Beijing, where she also worked for more than 10 years at a national think tank in the same institution. While there she summarized news from non-Chinese sources for senior members of the Chinese Communist Party. Ming is presently an assistant professor at the Department of Political Science and Criminal Justice, West Texas A&M University. In Chapter 10, analyzing native peoples and nationhood, Barbara Alice Mann, Professor of Honours at the University of Toledo, in “Divide, et Impera: The Self-Genocide Game” details ways in which European-American invaders deprive the conquered of their sense of nationhood as part of a subjugation system that amounts to genocide, rubbing out their languages and cultures -- and ultimately forcing the native peoples to assimilate on their own, for survival in a culture that is foreign to them. Mann is one of Native American Studies’ most acute critics of conquests’ contradictions, and an author who retrieves Native history with a powerful sense of voice and purpose, having authored roughly a dozen books and numerous book chapters, among many other works, who has traveled around the world lecturing and publishing on many subjects. Nalanda Roy and S. Mae Pedron in Chapter 11, “Understanding the Face of Humanity: The Rohingya Genocide.” describe one of the largest forced migrations in the history of the human race, the removal of 700,000 to 800,000 Muslims from Buddhist Myanmar to Bangladesh, which itself is already one of the most crowded and impoverished nations on Earth. With about 150 million people packed into an area the size of Nebraska and Iowa (population less than a tenth that of Bangladesh, a country that is losing land steadily to rising sea levels and erosion of the Ganges river delta. The Rohingyas’ refugee camp has been squeezed onto a gigantic, eroding, muddy slope that contains nearly no vegetation. However, Bangladesh is majority Muslim, so while the Rohingya may starve, they won’t be shot to death by marauding armies. Both authors of this exquisite (and excruciating) account teach at Georgia Southern University in Savannah, Georgia, Roy as an associate professor of International Studies and Asian politics, and Pedron as a graduate student; Roy originally hails from very eastern India, close to both Myanmar and Bangladesh, so he has special insight into the context of one of the most brutal genocides of our time, or any other. This is our case describing the problems that nationalism has and will pose for the sustainability of the Earth as our little blue-and-green orb becomes more crowded over time. The old ways, in which national arguments often end in devastating wars, are obsolete, given that the Earth and all the people, plants, and other animals that it sustains are faced with the existential threat of a climate crisis that within two centuries, more or less, will flood large parts of coastal cities, and endanger many species of plants and animals. To survive, we must listen to the Earth, and observe her travails, because they are increasingly our own.
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