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Recent submissions

Research Outputs (Criminal and Procedural Law): Recent submissions

Now showing items 1-20 of 50

Considering Mental Health Courts for South Africa: Lessons from Canada and the United States of America

Pienaar, Letitia (CILSA, 2021)

Under the South African criminal justice system, mentally ill persons in conflict with the law spend long periods awaiting forensic assessment, owing to resource shortages (staff and available beds). Accused persons awaiting ...
Using Theory to Understand and Reduce the High Rates of Sexual Violence in South Africa

Deane, Tameshnie (Central West Publishing, 2019)

South Africa has among the highest rates of sexual violence in the world and this is despite having the most inclusive legislative framework protecting women’s rights. This paper will look at why legal development alone ...
Sexual Violence and the Limits of Laws’ Powers to Alter Behaviour: The Case of South Africa

Deane, Tameshnie (Bridgewater State University, 2018-01)

Despite having one of the most inclusive and progressive constitutions in the world, South Africa (SA) has one of the highest rates of sexual offences globally. This article measures the extent of sexual violence, causes, ...
Searching for Best Practice A Study on Trafficking in Persons in West Africa and South Africa

Deane, Tameshnie (Africa Institute of South Africa, 2017-06)

High levels of human trafficking remain a serious cause for concern, both globally and in many regions. On the African continent, Southern African countries, specifically South Africa, and countries in West Africa, are ...
The Importance of and Challenges to Carrying Out Embedded Implementation Research in Humanitarian Settings: A Study of the Rohingya Refugees

Deane, Tameshnie (IIPCCL Publishing, Graz-Austria, 2021-06)
The Potential Role of Arts and Culture in the Reconciliation Process in Post-Conflict Sri Lanka

Deane, Tameshnie; Deane, Tameshnie (Journal of Arts and Humanities, 2021-06)

Over a decade after the end of the conflict in Sri Lanka that saw mass atrocities being committed, reconciliation remains elusive. Traditional processes alone are inadequate in transforming relationships of antagonism into ...
Marrying Young: Limiting the Impact of a Crisis on the High Prevalence of Child Marriages in Niger

Deane, Tameshnie (2021-07)

Child marriages is a harmful and discriminatory global practice, robbing millions of girls of their childhood. Global attention and momentum to end early marriage has increased over the years however, the impact of the ...
Low-threshold fitness test in South Africa and the USA : consequences for the fit but mentally ill accused

Pienaar, Letitia (Juta, 2019-11)

An accused, who is unable to follow the criminal proceedings against him/ her on account of mental illness or intellectual disability, could be found unfit to stand trial. Whether the individual is indeed unfit is ...
The unfit accused in the South African criminal justice system: from automatic detention to unconditional release.

Pienaar, Letitia (South African journal of Criminal Justice, 2018-08)

Section 77 of the Criminal Procedure Act 51 of 1977 sets out the orders that a court can make after finding an accused unfit to stand trial on account of his mental illness or intellectual disability. All the orders result ...
Access to the medical records of a child : legislative review required

Pienaar, Letitia (South African Journal on Human Rights, 2014)

The interplay between the constitutional right to privacy and the right to access to information constitute the parameters within which the issue of access to a child’s medical records is explored. The Children’s Act and ...
Compulsory HIV testing of child sex offenders in the South African criminal justice system

Pienaar, Letitia; Karels, M G (Journal for Juridical Science, 2017)
Determination of criminal capacity for child offenders - interfacing the procedural requirements of the Child Justice and Criminal Procedure Act

Pienaar, Letitia; Karels, Michelle (Obiter, 2015)
The DSM-5 and the role of personality disorders under the criminal law

Pienaar, Letitia; Van der Bijl, Charnelle (Obiter, 2014)
Deciphering the Composition of Section 79-Assessment Panels in the Criminal Procedure Amendment Act 4 of 2017

Pienaar, Letitia (Potchefstroom Electronic Law Journal, 2017-12)
Investigating the reasons behind the increase in medical negligence claims

Pienaar, Letitia (Potchefstroom Electronic Law Journal, 2016-05)
Justice at a snail’s pace: the implementation of the domestic violence act (Act 116 of 1998) at the Johannesburg family court

Naidoo, Kamban (CRIMSA, 2006)

The article focuses on the implementation of the Domestic Violence Act (Act 116 of 1998) at the Johannesburg Family Court for the period March to December 2004 by examining a sample of case files. The author examines who ...
The Shaping, Enactment and Interpretation of the First Hate-Crime Law in the United Kingdom - An Informative and Illustrative Lesson for South Africa

Naidoo, Kamban (Faculty of Law, North-West University, 2017)

Hate crimes are crimes that are motivated by personal prejudice or bias. Hate-crime laws criminalise such conduct and allow for the imposition of aggravated penalties on convicted perpetrators. This article examines the ...
Reconsidering motive’s irrelevance and secondary role in criminal law

Naidoo, Kamban (Juta, 2017)

In die strafreg word motief beskou as die rede, gedagte of idee wat onderliggend aan die pleeg van ŉ misdaad is. In moderne Westerse strafregstelsels word in die algemeen aanvaar dat die motief van die misdadiger irrelevant ...
Hate crimes: some theoretical considerations and their possible application to the South African context

Naidoo, Kamban (CRIMSA, 2016)

Criminal conduct motivated by bias or prejudice towards certain personal characteristics of the victim is also referred to as ‘hate crime’. Hate crimes were first recognised as a separate category of criminal conduct in ...
Factors which influenced the enactment of hate-crime legislation in the USA: quo vadis South Africa?

Naidoo, Kamban (Juta, 2016)

Haatmisdaad is misdade wat deur die oortreder se vooroordeel teenoor die slagoffer se ras, etnisiteit, seksuele orientasie, godsdiens, gebrek of verskeie ander persoonlike kenmerke motiveer word. Haatmisdaadwette bestraf ...

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