Principles of Criminal Law by Burchell, Jonathan.

ISBN: 9780702165573

Juta & Company Ltd | 04 May 2006

Paperback | 1047 pages

Description 

Title includes: A review of criminal law in the first decade of democracy in the context of the latest crime statistics, succinct critical observations on restorative justice, victims' rights, victim compensation, and plea-bargaining; a chapter examining the impact of the Constitution on the principles and practices of criminal justice; a critical appraisal of the limits on the use of force in apprehending fleeing suspects in the light of the new s 49 of the Criminal Procedure Act and recent case authority; an analysis of the implications of the Pretty v UK decision and recommendations on voluntary euthanasia and dying with dignity; the implications of the Youth Justice Bill; the Criminal Matters Amendment Act 68 of 1998 and the defence of insanity; the jurisprudential nature of the defence of provocation and emotional stress revisited in the light of the S v Eadie judgment in the context of observations on domestic violence; the choice between individualising the normative standard of negligence or objectifying aspects of the subjective standard of capacity and finding a viable and fair solution for a multicultural society; a critical evaluation of strict and vicarious liability.