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NCJ Number: 50342 Find in a Library
Title: SOUTH AFRICAN CRIMINAL LAW AND PROCEDURE, VOLUME 4 INTRODUCTION TO CRIMINAL PROCEDURE
Author(s): J DUGARD
Corporate Author: Juta and Co, Ltd
South Africa
Date Published: 1977
Page Count: 369
Sponsoring Agency: Juta and Co, Ltd
Capetown, South Africa
Sale Source: Juta and Co, Ltd
Capetown,
South Africa
Type: Historical Overview
Language: English
Country: South Africa
Annotation: THE VOLUME PRESENTS A HISTORY OF SOUTH AFRICAN CRIMINAL PROCEDURES, A DISCUSSION OF THE CRIMINAL PROCEDURES ACT OF 1977, AND A COMPARISON OF THE SYSTEM TO OTHER MODERN, WESTERN CRIMINAL PROCEDURE SYSTEMS.
Abstract: THE HISTORICAL FOUNDATIONS OF SOUTH AFRICAN CRIMINAL PROCEDURE ARE TRACED FROM ROMAN LAW, ROMAN-DUTCH LAW, AND ENGLISH LAW TO THE END OF THE 19TH CENTURY, AND THE CRIMINAL PROCEDURE IN SOUTH AFRICA IS EXAMINED FROM ITS BEGINNINGS IN 1652 TO 1977. THE CRIMINAL PROCEDURE ACT OF 1977 IS THE GOVERNING STATUTE FOR CRIMINAL PROCEEDINGS IN RESPECT OF MOST COMMON-LAW OR STATUTORY CRIMES. JURISDICTION AND PROSECUTION OF CRIME, PRETRIAL, TRIAL, AND POSTTRIAL PROCEDURE, AND EXTRADITION ARE DISCUSSED. THE FINAL SECTION PRESENTS BRIEF ACCOUNTS OF MODERN SYSTEMS OF CRIMINAL PROCEDURE AND COMPARES THEM TO THE SOUTH AFRICAN SYSTEM. THE ENGLISH AND AMERICAN SYSTEMS, REPRESENTING THE ACCUSATORIAL FORM OF PROCEDURE, AND THE FRENCH AND GERMAN SYSTEMS, REPRESENTING THE INQUISITORIAL FORM OF PROCEDURE, ARE FOCUSSED ON. SCOTTISH LAW PROVIDES AN EXAMPLE OF AN INTERMEDIATE OR MIXED SYSTEM OF PROCEDURE. REFERENCE IS ALSO MADE TO THE INTERNATIONAL CONVENTIONS DESIGNED TO PROTECT THE INDIVIDUAL IN THE COURSE OF CRIMINAL PROCEEDINGS. TABLES OF STATUTES AND CASES ARE PROVIDED, ALONG WITH REFERENCES AND AN INDEX. THE APPENDIXES CONTAIN SELECTED LAWS AND STATUTES CONCERNING CRIMINAL PROCEDURE INCLUDING THE 1977 ACT. THEY ALSO CONTAIN ACTS CONCERNING TERRORISM, DRUG ABUSE, EXTRADITION, AND RULES OF THE SUPREME COURT RELATING TO CRIMINAL PROCEEDINGS. (DAG)
Index Term(s): Extradition; France; Germany; Great Britain/United Kingdom; Jurisdiction; Prosecution; Scotland; South Africa; Trial preparation; Trial procedures; Trials; United States of America
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50342

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