scholarly journals WINNING AT ALL COSTS TOO COSTLY S v Rozani; Rozani v Director of Public Prosecutions, Western Cape 2009 1 SACR 540 (C)

Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
Suhayfa Bhamjee
Keyword(s):  
Justice System ◽  
The State ◽  
Public Prosecutor ◽  
Western Cape ◽  
Criminal Courts ◽  
The Public ◽  
Pro Bono ◽  
Just Society ◽  
General Standard

The role of the public prosecutor is one to be respected. Members of society expect to enjoy lives free of violence, theft and other criminal violation; in return, they surrender the exercise of “vengeance” and vigilantism to the state. The public prosecutor (inter alia) is entrusted with the duty of ensuring that justice is served in bringing transgressors to book. The public prosecutor thus has the onerous task of ensuring that the rights of victims are served and given a voice, but at the same time doing so in a manner which upholds the basic tenets of a free, fair and just society. The duty and role of the defence attorney (state appointed or otherwise) ismuch the same. He or she is expected also to serve justice by giving his or her client (paying or pro bono) the best service and defence he or she is capable of. Obviously, this does not mean conjuring up or “manifesting” a defence. But he or she must, at the very least, prevent his or her client from pleading guilty to an offence where one was not committed. The recent decision in Rozani (2009 1 SACR 540 (C)) makes it evident that the fulfilment of such goals and ideals is not easy. The legal profession has gained a rather dubious reputation, attracting epithets such as “con-artist”, “shyster”, “opportunist” and “shark”, amongst others. The perception that individuals join the profession only to make a “quick buck” has stuck and the case at hand certainly seems to show this, reflecting not only a callous disregard for justice, but also what is blatant incompetence on the part of both the prosecutor and the defence attorney. Reading the facts of the matter, one wonders about the general standard of lawyers entering the profession – one cannot but marvel at the farcical aspect of the facts in Rozani. The main objective of practitioners within a criminal justice system should not be to win at all costs, but rather to ensure that justice is served. The facts leading up to the review in Rozani reflect the prosecutor’s need to chalk up wins and the defence attorney’s need to meet fee targets at whatever cost. The decision and remarks from the bench form a sobering commentary on the state of the criminal courts and the pursuit of justice in South Africa. While the level of crime in this country bolsters the need to convict criminals, this provides no excuse for disregarding the basic tenets of justice.

scholarly journals ÁGUA EM ESTADO VIVO: conflito socioambiental e r-existência em torno do rio Dendê, Barcarena, Pará

2020 ◽  
Vol 24 (1) ◽  
pp. 28
Author(s):  
Jaqueline do Nascimento Cruz ◽  
Marcel Theodoor Hazeu
Keyword(s):  
Conflicts Of Interest ◽  
Participant Observation ◽  
The State ◽  
Public Prosecutor ◽  
Way Of Life ◽  
The Public ◽  
Role Of The State ◽  
State Apparatus ◽  
The Voice

A Amazônia é um hidroterritório e um bioma que comporta milhares de pessoas, espécies da fauna e flora. O Rio Dendê, em Barcarena-Pará, faz parte deste cenário. Este rio é palco de conflitos de interesses entre empresas transnacionais, o estado e comunidades ribeirinhas. O estudo analisa, a partir de estudo documental e observação participante, estes conflitos, situando-os em um panorama histórico-interpretativo, com foco no papel do Estado e na r-existência das comunidades ribeirinhas. O aparato estatal se apresenta através da ação da Companhia de Desenvolvimento Econômico, da Secretaria de Estado de Meio Ambiente e Sustentabilidade e do Ministério Público A voz das comunidades serve como contrapartida. Conclui, ainda, que o apoio do estado é fundamental para o avanço do capital sobre o hidroterritório Dendê, empobrecendo-o e transformando o modo de vida dos ribeirinhos que mesmo assim r-existem.Palavras-chave: Conflito socioambiental. Hidroterritório. Estado. R-existência. Amazônia.WATER IN LIVING STATE: socio-environmental conflict and r-existence around the Dendê River, Barcarena, ParáAbstractThe Amazon is a hydroterritory and a biome that holds thousands of people, species of fauna and flora. The Dendê River in Barcarena-Pará is part of this scenario. This river is the scene of conflicts of interest between transnational corporations, the state and riverside communities. From documentary study and participant observation, we analyze these conflicts, situating them in a historical-interpretative panorama, focusing on the role of the state and the r-existence of riverside communities. The state apparatus is presented through the action of the Company of Economic Development, the State Secretariat ofEnvironment and Sustainability and the Public Prosecutor. The voice of the communities serves as a counterpart. It can be concluded that state support is fundamental for the advancement of capital over the Dendê hydroterritory, impoverishing it and transforming the way of life of the riverside communities.Keywords: Socioenvironmental conflict. Hydroterritory. State. R-existence. Amazon.

scholarly journals The Role of Judges in Guaranteeing Legal Certainty and Justice: An Analysis to the Application of Judicial Independence Principle in Criminal Cases in Indonesia

2019 ◽  
Vol 3 ◽  
pp. 201-209
Author(s):  
Vivi Ariyanti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Judicial Independence ◽  
The State ◽  
Legal Certainty ◽  
Criminal Cases ◽  
The Public ◽  
Independence Principle

The duty and obligation of a state based on law is to provide protection for the public from all possible crimes, so that the state has a role in conducting prevention and repression of crime, and this cannot be separated from the implementation of criminal law by the state, as a tool to protect the public. The authority of the state to provide criminal sanctions is then delegated to law enforcement officers working in a system known as the Criminal Justice System. The criminal justice system itself is strongly influenced by the community environment and the field of human life. Therefore, the criminal justice system will always experience interaction, interconnection, and interdependence with its environment and sub-systems of the criminal justice system itself. One of the supporting sub-systems that have a very important role in implementing the criminal justice system is the court, which contains judges who are authorized by law to adjudicate. Judges in their capacity as authorities in the legal field have freedom as a form of independence in carrying out their duties. This independence does not mean that judges are freed from all obligations and responsibilities, but the independence of judges has the meaning of their existence as bearers of moral responsibility for upholding justice. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This paper uses normative and philosophical analysis to the application of judicial independence principle in adjudicating criminal cases in the Indonesian criminal justice system.

scholarly journals role of the public prosecutor in the United States

2020 ◽  
Vol 12 (1) ◽  
pp. 253-263
Author(s):  
Michael C. Kovac
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
The United States ◽  
Public Prosecutor ◽  
Common Goal ◽  
The Public

Prosecutors in the United States play multifaceted roles in their criminal justice system. They provide guidance during the investigative stages of cases, lead the prosecution of cases in the country’s adversarial proceedings, police their own profession, and lead legislative efforts aimed at making the system more just for all involved. There are separate prosecuting offices for the separate sovereignties located within the countries. Statutes, constitutions, and case law establish the rights and duties of those separate offices. All prosecuting offices in the United States share the pursuit of justice as their common goal.

scholarly journals Proactive Role of Public Prosecutors in the Administration of Criminal Justice: A Way Forward for Pakistan

2021 ◽  
Vol VI (II) ◽  
pp. 27-36
Author(s):  
Muhammad Ramzan Kasuri ◽  
Ata Ullah Khan Mahmood ◽  
Ghufran Ahmed
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Cost Effective ◽  
Public Prosecutor ◽  
The Rule Of Law ◽  
The Public ◽  
The Right ◽  
And Function

The public prosecution service is an inevitable feature of the Criminal Justice System (CJS). A key position is assigned to the public prosecutor in the administration of the CJS, who exercises considerable powers and responsibilities, who acts with independence, impartiality, and integrity. In present era, neither the rule of law can be upheld, nor can the human rights be protected without effective role of prosecution services that has become one of the essential pillars of the CJS, an essential component of the Rule of Law,powerful center having a lot of authorities and center of attraction. The world is moving towards a prosecutorial justice system. With the help of comparative and qualitative research methodology, this article aimed to analyze the role and function of the public prosecutor in the CJS of different legal systems that enable us to revamp our system in the right direction for making it efficient expeditious, and cost-effective.

The Independence of the Public Prosecution Service in the UAE: Issues and Proposals for Reform

2009 ◽  
Vol 23 (3) ◽  
pp. 217-268
Author(s):  
Ghaith Ghanem Al-Suwaidi
Keyword(s):  
Police Officers ◽  
The State ◽  
Public Prosecutor ◽  
Public Prosecution ◽  
Criminal Process ◽  
The Public ◽  
Executive Authority ◽  
Public Prosecution Service ◽  
Investigation Process

AbstractThis article focuses on the role of the public prosecutor in the pre-trial stage in the UAE and on their independence in particular. The Public Prosecution Service in the UAE is a judicial authority, which according to law is independent from the police, courts and executive authority, and has wide powers in respect of the criminal process. It is mainly responsible for the investigation process; it represents the State in the prosecution process, and, last but not least, it is responsible for the enforcement of the sentence. The Public Prosecution Service faces a number of issues and problems, the main ones being lack of independence, lack of impartiality, lack of supervision over judicial police officers, and a lack of judicial supervision over their decisions.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

scholarly journals Contested Numbers: Census Controversies and the Press in 1960s Nigeria

2021 ◽  
pp. 1-19
Author(s):  
Gerardo Serra ◽  
Morten Jerven
Keyword(s):  
Public Sphere ◽  
Political Culture ◽  
Cultural History ◽  
The State ◽  
Population Census ◽  
The Public ◽  
The Press ◽  
Distribution Of Resources ◽  
The Public Sphere

Abstract This article reconstructs the controversies following the release of the figures from Nigeria's 1963 population census. As the basis for the allocation of seats in the federal parliament and for the distribution of resources, the census is a valuable entry point into postcolonial Nigeria's political culture. After presenting an overview of how the Africanist literature has conceptualized the politics of population counting, the article analyses the role of the press in constructing the meaning and implications of the 1963 count. In contrast with the literature's emphasis on identification, categorization, and enumeration, our focus is on how the census results informed a broader range of visual and textual narratives. It is argued that analysing the multiple ways in which demographic sources shape debates about trust, identity, and the state in the public sphere results in a richer understanding of the politics of counting people and narrows the gap between demographic and cultural history.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

THE ROLE OF WOMEN IN THE PUBLIC EDUCATION OF THE SURKHAN OASIS(ON EXAMPLE IN THEYEARS OF INDEPENDENCE)

2021 ◽  
Vol 4 (6) ◽  
pp. 62-66
Author(s):  
Sabohat B. Radjabova ◽  
Keyword(s):  
Public Education ◽  
Education System ◽  
Statistical Data ◽  
The State ◽  
Work Activities ◽  
The Public ◽  
Role Of Women

It is scientifically analyzed information about the activity of women in the education system of Surkhandarya region in the period of independence years and their achievements in this field through statistical data with examples over the years in this article. It is emphasized that the state pays attention to the work activities of selfless women, who have been awarded many medals and medals in this region, such as the Medal of “Shukhrat”, the Order of “Saglom avlod uchun”, the title of "Xalk ta`limi a`lochisi", is also mentioned separately

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

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