Scielo RSS <![CDATA[SA Crime Quarterly]]> http://www.scielo.org.za/rss.php?pid=1991-387720200001&lang=en vol. num. 69 lang. en <![CDATA[SciELO Logo]]> http://www.scielo.org.za/img/en/fbpelogp.gif http://www.scielo.org.za <![CDATA[<b>Reformulating <i>dolus eventualis</i> - Guidance from USA and Germany</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772020000100001&lng=en&nrm=iso&tlng=en Dolus eventualis has correctly been described as an 'enigma'. Not only has it been variously described by the courts, but the courts have applied the two-stage test without providing an in-depth analysis of what it means. Both dolus eventualis required for murder and conscious negligence required for culpable homicide, contain an element of subjective foresight of the remote possibility of death occurring. As a result, the distinction between murder and culpable homicide has become confused over the years, and is evident in the courts vacillating between findings of murder and culpable homicide. Considering the lack of clarity, this article examines the test for dolus eventualis in the case of murder and determines whether it can be more clearly distinguished from culpa, in the case of culpable homicide. German and American law and academic opinion are consulted in order to establish how the respective countries have dealt with the conflation of murder and negligent killings. <![CDATA[<b>Deaths due to police action and deaths in custody - A persistent problem in Pretoria, South Africa</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772020000100002&lng=en&nrm=iso&tlng=en In 2013, South Africa had the second highest rate of imprisonment in Africa. During the apartheid era, a substantial number of deaths in custody involved political detainees. However, two decades after the abolition of apartheid there continues to be a high number of deaths in custody and deaths due to police action. There is no internationally standardised classification for deaths which take place in custody and/or due to police action. For purposes of this study, we divided these cases broadly into two categories: firstly, deaths which took place as a result of police action as well as deaths of persons held in police custody, and secondly, deaths of inmates of correctional service facilities. We conducted a retrospective descriptive case audit at the Pretoria Medico-Legal Laboratory (PMLL) of all cases admitted as deaths as a result of police action, deaths in police custody and deaths in correctional service facilities during the five year period from January 2007 through December 2011. A total of 93 cases were identified, which included 48 deaths due to police action, 28 deaths in police custody and 17 deaths in correctional service custody. The majority of these deaths were due to gunshot wounds (n=48) - all due to police action. Hangings accounted for 17 cases, and the majority of these occurred in police holding cells. This study highlights the relatively large numbers of firearm fatalities related to police action. In contrast to similar studies elsewhere, we identified no deaths associated with illicit drug intoxication or due to phenomena such as excited delirium. We argue that there is a need for objective, impartial and competent medico-legal investigation into deaths of this nature. <![CDATA[<b>Comment and analysis - The crisis of criminal justice in South Africa</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772020000100003&lng=en&nrm=iso&tlng=en In 2017,1 delivered a lecture at the University of the Western Cape (UWC) aimed at confronting a controversial and often overlooked crisis in the criminal justice system - the minimum sentencing regime.² While writing that lecture, which forms the basis of this article, I originally entitled it 'Crisis? What Crisis? Why Criminal Justice is Failing All in South Africa'. Shortly after that, the tragedy of Uyinene Mrwetyana's death hit South Africa. The anguish of a vulnerable woman at the very University where the lecture was to be delivered having her life brutally ended, in unspeakably nightmarish moments, by the exertion over her of ghastly destructive male dominance, shocked us all to the core. It elicited a national outpouring of grief and rage - and, rightfully, a new demand for answers from our criminal justice system. A whimsical title no longer seemed appropriate. Things are too deadly - deathly - serious. <![CDATA[<b>On the record - Obituary for Professor Mike Brogden - sociologist, social historian, policing scholar, troublemaker of sorts</b>]]> http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1991-38772020000100004&lng=en&nrm=iso&tlng=en In 1991, Mike Brogden was a Visiting Professor at the then Institute of Criminology at the University of Cape Town. Recently, in the process of archiving the material pertaining to the Institute, we came across a stack of printed teaching notes for a course he convened, titled the History of Criminal Justice. It was not a course for those with short attention spans and little interest in history. The course stretched over twenty-odd lectures and the file contains 122 pages of typed notes. The subject matter was sweeping in scope and the timeline expansive: sixteenth- to nineteenth-century England. The notes illustrated that Brogden had a remarkable ability to situate conversations on crime, criminal justice and policing in the context of social history. At heart he was a social historian or an historical sociologist.