Dissertations / Theses on the topic 'Criminal Justice Commission'
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Latham, H. Lee. "A survey of the Greater Dallas Crime Commission and its effect on the." Thesis, University of North Texas, 2001. https://digital.library.unt.edu/ark:/67531/metadc2792/.
Full textBeattie, Peter Douglas. "The window of opportunity: the Fitzgerald experiment and the Queensland Criminal Justice Commission, 1987-1992." Thesis, Queensland University of Technology, 1996. https://eprints.qut.edu.au/226899/1/T%28A%29%2037_Beattie_1996.pdf.
Full textBeattie, Peter. "The window of opportunity : the Fitzgerald experiment and the Queensland Criminal Justice Commission, 1987-1992." Thesis, Queensland University of Technology, 1996.
Find full textAndre, Wendy Marie. "Can alternative justice mechanisms satisfy the aims of international criminal justice? : the cases of Mato Oput and the South African Truth and Reconciliation Commission." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/75261/.
Full textAlharthi, Zuhair. "The role of the Commission for Investigation and Public Prosecution (CIP) and its impact on the criminal procedures in the Saudi criminal justice system." Thesis, University of Kent, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420947.
Full textBirdling, Malcolm David. "Correction of miscarriages of justice in New Zealand and England." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:2dae4513-4fd2-40cd-bb6a-dbba696d6d7f.
Full textKituku, Carolene. "International criminal court Proprio motu intervention where a truth commission exists: the Kenyan situation." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8300_1363781834.
Full textKenya&rsquo
s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that during these outbreaks of violence crimes against humanity were committed. This violence attracted world-wide concern and was universally condemned. Kenya is loathe to prosecute the perpetrators or those who bear the highest responsibility for the alleged commission of crimes against humanity. It has instead established a national investigatory mechanism, the Kenyan Truth, Justice and Reconciliation Commission (hereafter TJRC). This approach adopted by Kenya has been criticized for the fact that it fosters a culture of impunity. However, the Prosecutor of International Criminal Court (hereafter ICC) has used his proprio motu powers to initiate an investigation of alleged commission of crimes that fall within the jurisdiction of the Court. This research paper has analysed the reasons for the proprio motu intervention of the ICC in Kenyan situation. It also examined whether Kenya was unwilling or genuinely unable to prosecute the perpetrators of the post-election violence of 2007. Furthermore, the paper 
evaluated the provisions of the Kenyan TJRC, the major shortcomings of the Commission and the challenges it is facing in fulfilling its mandate. In conclusion the paper analysed the relationship between TJRC and ICC and re-evaluate any role that the two bodies could play in dispensing justice in Kenya. But before that, the paper laid down the factual 
background that led to the proprio motu interevention of the ICC in Kenya where a truth commission had alreday been established.
 
Azman, Muhammad Danial. "Resolving the post-election violence and developing transitional justice institutions through power sharing : power and ideology in Kenya's quest for justice and reconciliation : a justice without punishment?" Thesis, University of St Andrews, 2015. http://hdl.handle.net/10023/9617.
Full textBosire, Lydiah Kemunto. "Judicial statecraft in Kenya and Uganda : explaining transitional justice choices in the age of the International Criminal Court." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:fa1f9f19-174e-47a2-a288-d4d0312786b7.
Full textEde, Andrew. "The Prevention of Police Corruption and Misconduct: A Criminological Analysis of Complaints Against Police." Thesis, Griffith University, 2000. http://hdl.handle.net/10072/365215.
Full textThesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Criminology and Criminal Justice
Arts, Education and Law
Full Text
Lauchs, Mark Adam. "Rational avoidance of accountability by Queensland governments." Thesis, Queensland University of Technology, 2006. https://eprints.qut.edu.au/16368/1/Mark_Lauchs_Thesis.pdf.
Full textLauchs, Mark Adam. "Rational avoidance of accountability by Queensland governments." Queensland University of Technology, 2006. http://eprints.qut.edu.au/16368/.
Full textCinnamond, Martin. "Order versus justice : an assessment of the challenges faced by the Commission of Experts and the International Criminal Tribunal for the former Yugoslavia during their attempts to investigate and prosecute atrocity crimes." Thesis, University of Leeds, 2006. http://etheses.whiterose.ac.uk/769/.
Full textMosler, David. "Reconciliation Through Truth? - A Comparison of the Judicial Approach of the International Criminal Tribunal for the Former Yugoslavia and the Amnesty Principle of the Truth and Reconciliation Commission of South Africa." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21615.
Full textKalaf, William M. "Arizona law enforcement biometrics identification and information sharing technology framework." Thesis, Monterey, California : Naval Postgraduate School, 2010. http://edocs.nps.edu/npspubs/scholarly/theses/2010/Mar/10Mar%5FKalaf.pdf.
Full textThesis Advisor(s): Bergin, Richard ; Josefek, Robert. "March 2010." Description based on title screen as viewed on April 28, 2010. Author(s) subject terms: Arizona Criminal Justice Commission, biometrics technology, biometrics identification, facial recognition, fingerprint identification, law enforcement, information sharing, criminal information sharing, Arizona, Mexico, New Mexico, Texas, California, RISC, AFIS, IAFIS, NGI, governors border conferences, Central America, south west border initiative. Includes bibliographical references (p. 87-92). Also available in print.
Ede, Andrew, and andrew ede@premiers qld gov au. "The Prevention of Police Corruption and Misconduct: A Criminological Analysis of Complaints Against Police." Griffith University. School of Criminology and Criminal Justice, 2000. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20030102.114721.
Full textKamau, Caroline Wairimu. "An evaluation of the effectiveness of the transitional justice process in Kenya since the 2007-2008 post-election conflict." University of the Western Cape, 2016. http://hdl.handle.net/11394/5434.
Full textThe concept of transitional justice keeps changing as the concept of conflict changes. The paper analyses the transitional justice process in Kenya after the 2007-2008 Post-Election Violence. Very little has been written on the success or failure of transitional justice in Kenya after eight years of the implementation of transitional justice mechanisms which included truth commission, criminal prosecutions and recommendations on reparations. Furthermore, the architects of Kenya’s transitional justice process failed to put in place a mechanism against which the progress of transitional justice could be measured. It was therefore necessary to analyse the overall transitional justice process in Kenya to determine its efficacy. Kenya’s transitional justice process seemed to be a stand-alone occurrence with no ties to the laws or the various institutions in the country compared to Uganda's national transitional justice policy. The transitional justice process as a whole did not assign rights and responsibilities to the public, the three arms of government, the devolved governments, civil society or non-governmental organisations so that the various stakeholders could then check and balance each other with the aim of ensuring that transitional justice would be implemented. To date, there are still calls for the full implementation of the transitional justice processes especially in light of the International Criminal Court having terminated the last case in relation to the post-election violence as well as Kenya’s impending general elections in 2017. This paper begins by introducing transitional justice in Kenya and providing the 2007-2008 PEV as a background. The paper then investigates the ideal circumstances for implementing transitional justice mechanisms. In the case of Kenya, it is concluded that the situation in 2007-2008 PEV did not conform to the traditional context of societies in transition. Whereas there was no regime change that preceded the 2007-2008 PEV, there were human rights violations which were ethnically driven. The study illustrates how the violation of human rights depended on the ethnic tribe the person belonged to, hence identifying the main problem in the 2007-2008 PEV as negative ethnicity. Looking at the contextual precedence set by Latin American countries and later followed by other countries undergoing change, ethnicity has not been dealt with and to this extent Kenya presents a unique situation. The paper concludes that each of the transitional justice mechanisms implemented in Kenya had no impact on Kenya and as a result, the whole transitional justice process had failed. The paper recommends that stakeholders address and solve the inter-tribal fears and suspicions in order to create an opportunity for the different tribes to establish a relationship based on transparency. In the alternative, the paper recommends the adoption of the Territorial Self-Governance (TSG) which allows ethnic groups in a particular sovereign region to regulate their own affairs thus reducing the risk of ethnic tensions on account of one group's concerns not being addressed adequately. Ultimately, the paper recommends that the Truth Justice and Reconciliation report be tabled before Parliament for approval in order for the transitional justice mechanisms to be implemented fully.
German Academic Exchange Service ( DAAD)
Guematcha, Emmanuel. "Les commissions vérité et les violations droits de l’homme et du droit international humanitaire." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100202.
Full textIn time of transition or in post conflict situations, many truth Commissions have been increasingly created within many States to deal with a past caracterised by many human rights and international humanitarian law violations. Because they are dedicated to investigate violations of established rules of international law, the question emerge on their relationships with international law. Their formal characteristics and their flexibility, their use of international law and the focus and attention they give to the victims of these violations, make them appear to be an innovative mean allowing specific review of violations of human rights and international humanitarian law. However, because there are non-judicial bodies and taking into consideration the developments of international law, they raise questions about responsibility for these violations and international obligations of the State in this regard, and lead to the requirement of prosecution and the implementation of criminal liability for the serious violations they reported
Kassi, Brou Olivier Saint-Omer. "Francophonie et justice : contribution de l'organisation internationale de la francophonie à la construction de l'état de droit." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0327/document.
Full textJustice is a fundamental attribute of modern States. In a democratic society, itguarantees the safeguard of the standard-setting framework as well as the protection ofrights. An independent and effective justice is a symbol of the rule of law. It illustrates theseparation of powers and establishes the primacy of law. But the efficiency of any judicialsystem depends on the nature and the extent of the resources at its disposal. Yet, inmany Francophone countries, the judicial system faces many weaknesses, sometimesrelated to the avatars of democratic stabilisation processes, sometimes to more fragilepost-crisis situations. So the question of the capacity development of the judicialinstitutions arises. For thirty years, the International Organization of La Francophonie(OIF) has entered the legal and judicial cooperation field on this basis. By including thepromotion of democracy at the heart of its political action, the OIF has indeed made strongcommitments and developed programs aimed at accompanying its member States in thecapacity development of their justice systems, thanks to its institutional networks. Thiscommitment can be seen in several statements of the Organization. It demonstrates thewill of the Francophone States to anchor their relationships in a cooperation framework,dedicated to the protection of fundamental rights and the regulation of majorities’ powers.Today, justice is consequently established as a priority in Francophone concerns. It isentered in both national and international level and in its transitional dimension
Chenwi, Lilian Manka. "Towards the abolition of the death penalty in Africa a human rights perspective /." Thesis, Connect to this title online, 2005. http://upetd.up.ac.za/thesis/available/etd-10062005-151306/.
Full textTitle from PDF t.p. (viewed on July 22, 2006). "Submitted in fulfilment of the requirements for the degree Doctor of Laws (LLD) in the Faculty of Law, University of Pretoria." Includes bibliographical references (p. 355-386).
Maddin, Hayley Patrice Florence. "Regulating for environmental protection : a case study of the CJC inquiry into the improper disposal of liquid waste in South-East Queensland." Thesis, Queensland University of Technology, 1996.
Find full textMelo, Carolina de Campos. "Nada além da verdade? a consolidação do direito à verdade e seu exercício por comissões e tribunais." Universidade do Estado do Rio de Janeiro, 2012. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=5286.
Full textO trabalho expõe a consolidação do direito à verdade pelo Direito Internacional e a complementaridade entre as comissões da verdade e os tribunais, mecanismos de justiça de transição, como a combinação que melhor lhe confere aplicabilidade. Primeiramente, a tese reivindica que a transição e a consolidação democrática devem se dar por meio da prestação de contas com o passado, o que se torna possível na medida em que se promoveram a partir da 2a Guerra Mundial significativas alterações no Direito Internacional, que se afasta do paradigma vesfaliano de soberania. Aborda-se assim o excepcional desenvolvimento do Direito Internacional dos Direitos Humanos, do Direito Internacional Humanitário e do Direito Penal Internacional, centralizados na ideia de responsabilidade. A tese também abrange o desenvolvimento do direito à verdade no seio da Organização das Nações Unidas e dos sistemas regionais de proteção de direitos humanos, tendo alcançado o status de norma imperativa ou peremptória, sendo explorados os obstáculos ao seu exercício como no caso de anistias e outras medidas similiares como a prescrição, a justiça militar e a coisa julgada. Enfrentam-se, ainda, as potencialidades e limites da verdade que resulta de comissões da verdade e dos tribunais, concebida esta como conhecimento sobre os fatos e o reconhecimento da responsabilidade pelo ocorrido. O trabalho aborda temas como a independência e imparcialidade das comissões de verdade, seus poderes e o alcance de suas conclusões e recomendações. Por sua vez, com vistas a identificar as verdades a serem alcançadas pelos tribunais, privilegia-se o processo criminal, por se entender que a sentença penal pressupõe o exercício mais completo do devido processo. A imperatividade do direito à verdade é também demonstrada pela defesa da participação da vítima no processo criminal e da admissão de culpa por parte do acusado -- ambos consagrados pelo Tratado de Roma. Por fim, a tese analisa alguns cenários para a complementaridade entre estes dois mecanismos de justiça de transição, fazendo o estudo dos casos do Chile, Peru, Serra Leoa e Quênia, casos estes permeados pelo Direito Internacional, seja pela influência da jurisdição universal ou pelo impacto da jurisdição internacional. O caso brasileiro, por certo, não se ajusta a nenhum destes cenários. Sua caracterização como um diálogo em aberto, para efeitos deste trabalho, pressupõe que o Brasil encontra-se em um importante momento de decisão sobre a complementaridade entre comissões da verdade e tribunais - a recente aprovação da Comissão Nacional da Verdade deve conviver com o aparente conflito entre a decisão do Supremo Tribunal Federal, que afirmou a constitucionalidade da Lei de Anistia de 1979, e a decisão da Corte Interamericana no caso Araguaia, que entende nulos os dispositivos da lei que obstaculizam o processamento dos responsáveis, ambas no ano de 2010 - com a oportunidade de demonstrar que a passagem do tempo não arrefece as obrigações a que se comprometeu no cenário internacional.
The dissertation exposes the consolidation of the right to truth by international law and the complementarity of truth commissions and tribunals, both transitional justice mechanisms, as the combination that better confers its aplicability. First, the work claims that transition to and consolidation of democracy should provide accountability for past abuses, what became possible by the changes that have impacted international law after the World War II. The exceptional development of international human rights law, international humanitarian law and international criminal law is explored, considered the idea of responsability. The dissertation takes care of the development of the right to truth within the United Nations Organization and the human rights regional systems, and its status of imperative or peremptory norm, as well the obstacles for its exercise in the case of amnesties and other similar measures as statute of limitation, military justice and doble jeopardy (res judicata). The truth that results from truth commissions and tribunais its potentialities and limits are here conceived as knowledge e acknowledgment of what occured. The work also considers aspects as the independence and impartiality of truth commissions, its powers and the reach of its conclusions and recommendations. On the other hand, considering the truth to be obtained by tribunals, the dissertation priviledges the analysis of criminal procedure, in the sense that a criminal veridict implies due process. The imperativity of the right to truth is also demonstrated by the participation of victims in the criminal procedure and the admission of guilty by the accused both celebrated by the Statute of Rome. The dissertation also covers some sceneries of complementarity between truth commissions and tribunals, making use of the case of Chile, Peru, Sierra Leone and Kenya, cases that suffered significant impact by international law, considered the influence of universal jurisdiction or the impact of international jurisdiction. The Brazilian case, at the end, does not fit precisely in any of these sceneries. Its caracterization as an open dialogue assumes that the country has come face to face with the debate of complementarity the recent approval of the National Truth Commission has to live together with the apparent conflict between two decisions held in 2010: the Supreme Court on the constitutionality of the 1979 Amnesty Law and the Inter-American Court of Human Rights on the Araguaia Case that considered null and void the parts of the law that obstacle the criminal persecution of the ones responsible -, and has opportunity to demonstrate that time has not moderated the obligations to which Brasil has compromised with in the international arena.
Siang'andu, Twaambo Ellah Mapenzi. "The methodology by which transitional justice strategies ought to be incorporated into the International Criminal Court framework." Thesis, 2016. http://hdl.handle.net/10500/21168.
Full textPublic, Constitutional and International Law
LL. D.
Komosa, Marcin. "Odpowiedzialność za naruszenie praw człowieka w pracach komisji prawdy w latach 1974-2007." Doctoral thesis, 2012. http://depotuw.ceon.pl/handle/item/113.
Full textThis thesis aims to examine the phenomena of the truth commission which became a commonly used measure of transitional justice in the last two decades of the 20th century. The truth commission has to be considered in the framework of the transitional justice. Among the most known truth commissions there are those in Argentina, Chile and South Africa. However, there were a lot of formal or informal institutions which were – in the literature or in the journalistic discourse – called “truth commission”. In this thesis, the truth commission is defined as an extraordinary, victim-centered and limited in time public institution set up during the transition (both democratization and peace-building) aimed at examining the scope of human rights violations in the past. According to the analysis the truth commission could be justified as the mechanism of responsibility for human rights violations only under certain conditions, when the retributive justice is suspended.
Schlecker, Regan Dawn. "Dreamcatcher 22 : commissions of inquiry and Aboriginal criminal justice reforms." Thesis, 2001. http://hdl.handle.net/2429/11856.
Full textMartin, Sandrine. "Non responsabilité criminelle pour cause de troubles mentaux : comparaison des pratiques de supervision des Commissions d’examen aux peines prononcées dans le système pénal." Thèse, 2019. http://hdl.handle.net/1866/23719.
Full textSince the 1990’s, the number of individuals found not criminally responsible on account of mental disorder has increased in Canada. However, the NCRMD verdict remains controversial. While some fear that the verdict is a loophole and releases dangerous individuals in the community, others suggest that this defense could cause more control than a sentence in the criminal justice system. Some also question the ability of Review Boards to leave aside the punitive rationale in the decision-making process. Objective: This study examines the supervison practices imposed to NCRMD accused by comparing them with those applied to offenders found guilty and responsible (GR). This comparison aims to highlight the specificities these two populations’ trajectories (length of supervision, length of detention and presence of detention in follow-up), in three Canadian provinces (Quebec, Ontario and British Columbia) between 2000 and 2008. Two datasets were used. The first comprises individuals found NCRMD (n = 1794) and comes from the National Trajectory Project of Individuals Found Not Criminally Responsible on Account of Mental Disorder in Canada. The second comprises GR offenders (n = 320,919) and comes from Statistics Canada's Criminal Court Survey. Results: The Cox and logistic regressions results show that NCRMD individuals are almost three times and four times likely to be released from legal supervision and detention respectively compared to GR offenders, and are five times more likely to be detained during follow-up. Provincial differences were also observed, theses disparities being significantly greater among NCRMD individuals.
Cassim, Fawzia. "Sentencing the juvenile accused." Diss., 1997. http://hdl.handle.net/10500/16357.
Full textCriminal & Procedural Law
LL.M. (Law)
Suckling, Brian Charles. "A critical appraisal of the legal implications of South Africa’s withdrawal from the ICC in the context of its international and regional human rights obligations." Diss., 2018. http://hdl.handle.net/10500/25094.
Full textCriminal and Procedural Law
LL. M.