Browsing Theses and Dissertations (Public Law) by Subject "Mental illness"

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The constitutional validity of section 78(1B) of the Criminal Procedure Act 51 of 1977 with regard to section 9 of the Constitution of the Republic of South Africa, 1996

Mare, Ruan (University of Pretoria, 2012-09-14)

This study evaluates the constitutionality of section 78(1B) of the Criminal Procedure Act 51 of 1977 (CPA), which places the burden of proving criminal capacity on the party who raises the issue, against section 9 of the ...
The constitutionality of the onus of proof in cases where mental illness is averred

Moller, Liezl (University of Pretoria, 2012-08-29)

This dissertation deals with the constitutionality of the onus of proof in cases where mental illness is averred. Insanity refers to the legally defined state of mind and not to a specific psychological disorder. Mental ...
A critical analysis of the psycholegal assessment of suspected criminally incapacitated accused persons as regulated by the Criminal Procedure Act

Spamers, Marozane (University of Pretoria, 2011-05-27)

This dissertation critically investigates the current framework for psycholegal assessment of accused persons who are suspected or alleged to have lacked criminal incapacity at the time of committing an offence. This system ...

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