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Full-Text Articles in Law
The South African Truth And Reconciliation Commission: A Suitable Model To Enhance The Role And Rights Of Victims Of Gross Violations Of Human Rights?, Sam Garkawe
Associate Professor Sam Garkawe
The South African Truth and Reconciliation Commission is one of the most talked about innovative, but also highly controversial mechanisms used by a state 'in transition' to provide a form of accountability for its past perpetrators of human rights abuses. This article will, from the perspective of the victims of repression, critically analyse the benefits and drawbacks of the TRC's three primary processes - the amnesty hearing, the victims' hearings and the formulation of its policies on rehabilitation and reparation. This analysis provides some important lessons and recommendations for how the establishment and implementation of future truth commissions can maximise …
Victim Impact Statements And Sentencing, Sam Garkawe
Victim Impact Statements And Sentencing, Sam Garkawe
Associate Professor Sam Garkawe
Legislation allowing for victim impact statements ('VIS') to be presented during sentencing hearings has been introduced into the criminal justice systems of most common law nations, notwithstanding many reservations from defence lawyers and civil libertarians. Despite such legislation being widespread throughout the common law world, the use of VIS remains controversial. The main purpose of this article is to utilise basic sentencing principles in order to critically analyse the question of whether, and if so, to what extent, VIS are relevant to an offender's sentence. In such cases adequate procedural safeguards need to be instituted to ensure that offender's rights …
Victims At The Icc And The Nuremberg Trials, Sam Garkawe
Victims At The Icc And The Nuremberg Trials, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
Relocation Disputes- Has Anything Changed? In The Matter Of B And B: Family Law Reform Act 1995, Sam Garkawe
Relocation Disputes- Has Anything Changed? In The Matter Of B And B: Family Law Reform Act 1995, Sam Garkawe
Associate Professor Sam Garkawe
No abstract provided.
Restorative Justice From The Perspective Of Crime Victims, Sam Garkawe
Restorative Justice From The Perspective Of Crime Victims, Sam Garkawe
Associate Professor Sam Garkawe
Recent trend in common law legal systems to establish restorative justice programs - usually involves offenders and victims meeting and reaching an agreement for the offender to repair damage caused to the victim - enables victims to have a direct role in dealing with the crime committed against them.