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The right to meaningful and informed participation in the criminal process

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dc.contributor.advisor Joubert, J.J. en
dc.contributor.author Cassim, Fawzia en
dc.date.accessioned 2009-08-25T10:57:11Z
dc.date.available 2009-08-25T10:57:11Z
dc.date.issued 2009-08-25T10:57:11Z
dc.date.submitted 2003-11-30 en
dc.identifier.citation Cassim, Fawzia (2009) The right to meaningful and informed participation in the criminal process, University of South Africa, Pretoria, <http://hdl.handle.net/10500/1840> en
dc.identifier.uri http://hdl.handle.net/10500/1840
dc.description.abstract The composite right to meaningful and informed participation in the criminal process comprises the right to information, the right to understand, the right to be prepared, the right to be present, the right to confrontation and the right to present one&#8217;s case. The sub-rights are not of an overarching nature such as the right to legal representation and the right of access to the law. The various rights are grouped together because they show some connection with the ability of the suspect or the accused to participate in the criminal proceedings as a legal subject, and not as an object of the proceedings as in primitive times. These rights ensure that the accused will not participate in the criminal process from an unfavourable position. The heading &#8223;meaningful and informed participation&#8221; is therefore a collective term for these rights. These sub-rights form part of the comprehensive right to a fair trial. The thesis examines aspects of the position of the accused in South Africa and in foreign jurisdictions such as the United States of America, Canada, New Zealand, Australia, Germany, the United Kingdom and Islamic systems. International instruments such as the European Convention for the Protection of Human Rights and decisions of the United Nations Human Rights Committee are also considered. The thesis first considers the historical perspective of the accused in primitive times when he was regarded as an object of the criminal proceedings, to the present time when he is regarded as a subject of the proceedings. The study on foreign jurisdictions reveals that for the most part, our law is in line with the law of other countries. The study also demonstrates that the various rights are not absolute. In exceptional circumstances, some diminution of the accused&#8217;s rights is necessary to protect the interests of society. Nevertheless, the courts should act cautiously and not allow the exceptions to overtake the rule. The judiciary should strive to find a better balance between the constitutional rights of the accused and the interests of society. To this end, the judicial system must be objective yet vigilant. en
dc.format.extent 1 online resource (vi, 474 leaves)
dc.language.iso en en
dc.subject Comparative law en
dc.subject Role of courts en
dc.subject Interests of societ en
dc.subject Maintaining proper balance en
dc.subject Legal subject en
dc.subject Fair trial en
dc.subject Participation en
dc.subject Informed en
dc.subject Meaningful en
dc.subject Rights of accused en
dc.subject.ddc 345.56068
dc.subject.lcsh Fair trial -- South Africa
dc.subject.lcsh Due process of law -- South Africa
dc.subject.lcsh Criminal procedure -- South Africa
dc.subject.lcsh Civil rights -- South Africa
dc.title The right to meaningful and informed participation in the criminal process en
dc.type Thesis en
dc.contributor.email watkiapj@unisa.ac.za en
dc.description.department Criminal and Procedural Law en
dc.description.degree LL.D. en


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