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 committed with the necessary intention as defined by the law in a specific jurisdiction. ("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). such as in the case of voluntary manslaughter 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 cons ...
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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 ...
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Rape
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without 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 ( statutory rape). The term ''rape'' is sometimes casually 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 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. Etymology The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". 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 Crime, unlawful seizure of an aircraft by an individual or a group. Dating from the earliest of hijackings, most cases involve the Pilot (aeronautics), 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 the cockpit and suicide attacks, flown them into buildings—most notably in the September 11 attacks—and in some cases, planes have been hijacked by the official pilot or co-pilot, such as with Ethiopian Airlines Flight 702. 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 planni ...
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Life Imprisonment
Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse Child manslaughter, resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, Aggravation (law), aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide. Common law murder is a crime for which life imprisonment is mandatory in several countries, including some states of the United States and Canada. 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 fi ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic Ocean, South Atlantic and Indian Ocean; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; to the east and northeast by Mozambique and Eswatini; and it encloses Lesotho. Covering an area of , the country has Demographics of South Africa, a population of over 64 million people. Pretoria is the administrative capital, while Cape Town, as the seat of Parliament of South Africa, Parliament, is the legislative capital, and Bloemfontein is regarded as the judicial capital. The largest, most populous city is Johannesburg, followed by Cape Town and Durban. Cradle of Humankind, Archaeological findings suggest that various hominid species existed in South Africa about 2.5 million years ago, and modern humans inhabited the ...
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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 offence Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...s. 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, ...
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Parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by 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 ('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. It is similar to probation, the key difference being that parole takes place after a prison sentence, while probation can be granted in lieu of a prison sentence. Modern development Alexander Maconochie (penal reformer), Alexander Maconochie, a Scottish geographer and captain i ...
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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. It is believed that he is so named because they began in Atteridgeville, continued in Boksburg and finished in Cleveland, a suburb of Johannesburg. However, many other sources state that the cities were not in that order, rather beginning in Cleveland, continuing in Boksburg and finishing in Atteridgeville. This has not been denied nor confirmed. Sithole murdered at least 37 women and one toddler between 16 July 1994 and 6 November 1995. Sithole was sentenced to 2,410 years imprisonment and is currently incarcerated in Mangaung Correctional Centre in Bloemfontein. 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 ...
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Life Imprisonment By Country
Life, also known as biota, refers to matter that has biological processes, such as Cell signaling, signaling and self-sustaining processes. It is defined descriptively by the capacity for homeostasis, Structure#Biological, organisation, metabolism, Cell growth, growth, adaptation, response to stimulus (physiology), stimuli, and reproduction. All life over time eventually reaches a state of death, and none is Immortality, immortal. Many philosophical definitions of living systems have been proposed, such as self-organizing systems. Viruses in particular make definition difficult as they replicate only in Host (biology), host cells. Life exists all over the Earth in air, water, and soil, with many ecosystems forming the biosphere. Some of these are harsh environments occupied only by extremophiles. Life has been studied since ancient times, with theories such as Empedocles's materialism asserting that it was composed of Classical element, four eternal elements, and Aristotle's ...
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