Life Imprisonment In South Africa
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Life Imprisonment In South Africa
Life imprisonment in South Africa has an indeterminate length and may last for the remainder of the offender's life. It is a mandatory punishment for premeditated murder, gang rape, serial rape including rape where the rapist knew they were HIV positive or if the victim was under 16 and/or mentally disabled. In certain circumstances, robberies and hijackings (and aircraft hijacking) also carry a mandatory life sentence. Section 51 of South Africa's Criminal Law Amendment Act of 1997 prescribes the minimum sentences for other types of murders, rapes and robberies to 25, 15 and 10 years respectively, so parole is almost always granted to prisoners serving life sentences after the minimum sentence for the lesser crime has been served. However, a prisoner must be given a parole hearing after having served 25 years. New legislation came into effect in 2012 stating that any prisoner who received a life sentence before 2004 can apply for parole, but only after serving at least 13 year ...
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Premeditated Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a pers ...
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Types Of Rape
Rape can be categorized in different ways: for example, by reference to the situation in which it occurs, by the identity or characteristics of the victim, and by the identity or characteristics of the perpetrator. These categories are referred to as types of rape. The types described below are not mutually exclusive: a given rape can fit into multiple categories, by for example being both a prison rape and a gang rape, or both a custodial rape and the rape of a child. Date rape The term "date rape" is used to refer to several types of rape, broadly acquaintance rape, which is a non-domestic rape committed by someone who knows the victim,Humphreys, Terence Patrick (1993). Gender differences in the perception of rape: The role of ambiguity' (M.A. thesis) Wilfrid Laurier University and drug facilitated sexual assault (DFSA), where the rapist intentionally drugs the victim with a date rape drug so that they are incapacitated. Acquaintance rape constitutes the vast majority of ...
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Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median.
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Robberies
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the types of ...
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Aircraft Hijacking
Aircraft hijacking (also known as airplane hijacking, skyjacking, plane hijacking, plane jacking, air robbery, air piracy, or aircraft piracy, with the last term used within the special aircraft jurisdiction of the United States) is the unlawful seizure of an aircraft by an individual or a group. Dating from the earliest of hijackings, most cases involve the pilot being forced to fly according to the hijacker's demands. There have also been incidents where the hijackers have overpowered the flight crew, made unauthorized entry into cockpit and flown them into buildingsmost notably in the September 11 attacksand in several cases, planes have been hijacked by the official pilot or co-pilot; e.g., Germanwings Flight 9525. Unlike carjacking or sea piracy, an aircraft hijacking is not usually committed for robbery or theft. Individuals driven by personal gain often divert planes to destinations where they are not planning to go themselves. Some hijackers intend to use passengers or ...
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Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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Criminal Law Amendment Act, 1997
The Criminal Law Amendment Act, 1997 (Act No. 105 of 1997) is an act of the Parliament of South Africa which dealt with the consequences of the Constitutional Court's ruling in ''S v Makwanyane'' in which capital punishment was declared to be unconstitutional. The act repealed the laws allowing for the death penalty and amended various other laws referring to death sentences or capital offences. It also established a procedure by which existing death sentences could be converted to prison sentences, and fixed minimum sentences for certain serious crimes. The act came into force on 13 November 1998, except for the minimum sentencing provisions, which came into force on 1 May 1998. Background The Interim Constitution of South Africa, which came into force on 27 April 1994, created for the first time in South Africa a justiciable bill of rights; section nine of that bill of rights stated that, "Every person shall have the right to life." The Constitutional Court was also created by ...
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Parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word ''parole'' ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Modern development Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare them for event ...
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Moses Sithole
Moses Sithole (born 17 November 1964) is a South African serial killer and rapist who committed the ABC Murders, so named because they began in Atteridgeville, continued in Boksburg and finished in Cleveland, a suburb of Johannesburg. Sithole murdered at least 37 women and one toddler between 16 July 1994 and 6 November 1995. Early life Moses Sithole was born on 17 November 1964 in Vosloorus, a township near Boksburg, Transvaal Province (now Gauteng). When he was five years old, his father died and his mother abandoned the family. Sithole and his siblings spent the next three years in an orphanage, where he later said they were mistreated. By his own account, Sithole was arrested for rape in his teens and spent seven years in prison. He later blamed his imprisonment for turning him into a murderer. He explained his crimes by saying that the women he murdered all reminded him of the women who had falsely accused him of rape years before. Murders Sithole appeared to be a mild-ma ...
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Life Imprisonment By Country
Life is a quality that distinguishes matter that has biological processes, such as signaling and self-sustaining processes, from that which does not, and is defined by the capacity for growth, reaction to stimuli, metabolism, energy transformation, and reproduction. Various forms of life exist, such as plants, animals, fungi, protists, archaea, and bacteria. Biology is the science that studies life. The gene is the unit of heredity, whereas the cell is the structural and functional unit of life. There are two kinds of cells, prokaryotic and eukaryotic, both of which consist of cytoplasm enclosed within a membrane and contain many biomolecules such as proteins and nucleic acids. Cells reproduce through a process of cell division, in which the parent cell divides into two or more daughter cells and passes its genes onto a new generation, sometimes producing genetic variation. Organisms, or the individual entities of life, are generally thought to be open systems ...
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Law Of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in ...
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