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Editorial: Governance and justice - Southern edition 社论:治理与正义-南方版
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-06-29 DOI: 10.17159/2413-3108/2018/V0N64A5261
Kelley Moult
Editorial for June 2018.
2018年6月的社论。
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引用次数: 0
Modest beginnings, high hopes: The Western Cape Police Ombudsman 谦虚的开始,高期望:西开普省警察申诉专员
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-06-29 DOI: 10.17159/2413-3108/2018/V0N64A4884
L. Muntingh
In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one of the results of efforts by the opposition-held province to carve out more powers in the narrowly defined constitutional space, and in so doing to exercise more effective oversight and monitoring of police performance, and improve police–community relations. The Ombudsman must also be seen against the backdrop of poor police–community relations in Cape Town and the subsequent establishment of a provincial commission of inquiry into the problem, a move that was opposed by the national government, contesting its constitutionality. Results from the Ombudsman’s first 18 months in operation are modest, but there are promising signs. Nonetheless, the office is small and it did not do itself any favours by not complying with its legally mandated reporting requirements.
2013年,西开普省立法机构通过了《西开普社区安全法》,以改善对警察的监督和监督。西开普省警察监察专员是WCCSA的一个创建机构,于2015年开始运作。本文回顾了它的历史和背景,以及第一年的成果。警察监察员是该国唯一的监察员,必须被视为反对派控制的省份努力在狭义的宪法空间中获得更多权力的结果之一,从而对警察的表现进行更有效的监督和监测,并改善警察与社区的关系。监察员还必须在开普敦警察与社区关系不佳的背景下看待,随后成立了一个省级调查委员会来调查这一问题,此举遭到了国家政府的反对,并对其合宪性提出质疑。监察员上任头18个月的结果并不算多,但也有一些有希望的迹象。尽管如此,该办公室规模较小,没有遵守法律规定的报告要求,这对自己没有任何好处。
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引用次数: 1
Policing for impact: Is South Africa ready for Evidence-Based Policing? 影响警务:南非为循证警务做好准备了吗?
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-06-29 DOI: 10.17159/2413-3108/2018/v0n64a2998
Gareth Newham, B. Rappert
The prospect that research can improve the impact of policing operations and internal organisational efficiencies has been a source of promise and frustration for decades.  It may seem obvious to many that research should be able to assist with better policing strategies and tactics by providing evidence as to what does or does not work. Realizing this potential, however, it is not straightforward. The complexities of applying scientific research methods to what is often the messy business of policing often does not result in clear or consistent findings. This article reflects on Evidence-Based Policing (EBP) and its challenges in relation to the establishment of the South African Police Service’s (SAPS) first ever National Research Division.
研究可以改善警务行动的影响和内部组织效率的前景,几十年来一直是希望和挫折的来源。Â对许多人来说,研究应该能够通过提供证据来帮助制定更好的警务战略和战术,从而证明什么有效,什么无效。然而,实现这一潜力并非易事。将科学研究方法应用于通常是混乱的警务工作的复杂性往往不会产生明确或一致的发现。本文反思了基于证据的警务(EBP)及其在建立南非警察局(SAPS)首个国家研究处方面所面临的挑战。
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引用次数: 1
On the record: Talking about Day Zero and beyond: the impact of the water crisis on questions of vulnerability, risk and security 记录在案:谈论零日及其后:水危机对脆弱性、风险和安全问题的影响
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-04-20 DOI: 10.4314/SACQ.V63I0
Nolundi Luwaya, Kelley Moult, Diane Jefthas, Vitima Jere
Few Capetonians would argue against the claim that the City has been rocked by the current water crisis that many have dubbed the most severe in modern history. Discussions about water saving techniques, membership of the ‘Water Warriors’ club, dinner party comparisons of family daily usage figures, discussion of toilet habits (to flush or not to flush?) and frenzied buying to secure 25-litre water containers have become part of daily life for those of us faced by the imminent (but previously unconscionable) threat of our taps running dry. Even the ‘proudly oily’1 premier of the Western Cape has boasted that she only showers every three days to help beat back Day Zero. But the water crisis has not only raised important questions about residents’ rights to, and responsibility for, the water they use. It has also brought to the surface interesting issues about criminality and crime control, and our individual and collective relationship to water. Stories of violence and incivility at water collection points and in supermarkets have captured attention on social media, and city dwellers have hotly debated the threat of organised crime, laws against rebottling and reselling of municipal water, and the Western Cape government’s Water Disaster Plan, which gives the police and army responsibility for maintaining safety and order at water collection points. Of course, while questions of water saving, risk and safety feel quite new to many Capetonians, scholars, activists and policymakers (including criminologists) have been writing about these issues for much longer. The Centre for Law and Society approached two scholars/activists to discuss the water crisis and its impact on questions of vulnerability, risk and security. Nick Simpson, an environmental and human development consultant (and post-doctoral scholar at the University of Cape Town), discussed questions of criminology in the age of the Anthropocene, and Vivienne Mentor-Lalu, a researcher/facilitator for the Women and Democracy Initiative at the Dullah Omar Institute at the University of the Western Cape, spoke to us about the gendered impact of the drought. Nolundi Luwaya, Kelley Moult, Diane Jefthas and Vitima Jere contributed to this piece.
很少有开普敦人会反对这样一种说法,即这座城市受到了当前许多人称之为现代历史上最严重的水危机的冲击。关于节水技术的讨论、“水勇士”俱乐部的成员资格、家庭日常用水量的比较、厕所习惯的讨论(冲还是不冲?)以及疯狂购买25升的水箱,已经成为我们这些人日常生活的一部分,因为我们面临着迫在眉睫的(但以前是不合情理的)水龙头干涸的威胁。就连这位以“油”自豪的西开普省省长也夸口说,她每三天才洗一次澡,以帮助抵御“归零日”。但水危机不仅提出了居民用水权利和责任的重要问题。它也让一些有趣的问题浮出水面,比如犯罪和犯罪控制,以及我们个人和集体与水的关系。在取水点和超市发生的暴力和不文明事件引起了社交媒体的关注,城市居民对有组织犯罪的威胁、禁止重新装瓶和转售市政用水的法律以及西开普省政府的水灾难计划进行了激烈的辩论,该计划赋予警察和军队维持取水点安全和秩序的责任。当然,虽然节水、风险和安全问题对许多开普敦人来说还很新鲜,但学者、活动家和政策制定者(包括犯罪学家)早就在写这些问题了。法律与社会中心联系了两位学者/活动家,讨论水危机及其对脆弱性、风险和安全问题的影响。环境与人类发展顾问Nick Simpson(开普敦大学博士后学者)讨论了人类世时代的犯罪学问题,西开普大学杜拉奥马尔研究所妇女与民主倡议的研究员兼促进者Vivienne Mentor-Lalu向我们讲述了干旱对性别的影响。Nolundi Luwaya, Kelley Moult, Diane Jefthas和Vitima Jere对本文也有贡献。
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引用次数: 0
Nick Simpson and Vivienne Mentor-Lalu 尼克·辛普森和薇薇安前任部长
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-03-30 DOI: 10.17159/2413-3108/2018/V0N63A4706
Nolundi Luwaya, Kelley Moult, Diane Jefthas, Vitima Jere
Few Capetonians would argue against the claim that the City has been rocked by the current water crisis that many have dubbed the most severe in modern history. Discussions about water saving techniques, membership of the ‘Water Warriors’ club, dinner party comparisons of family daily usage figures, discussion of toilet habits (to flush or not to flush?) and frenzied buying to secure 25-litre water containers have become part of daily life for those of us faced by the imminent (but previously unconscionable) threat of our taps running dry. Even the ‘proudly oily’1 premier of the Western Cape has boasted that she only showers every three days to help beat back Day Zero. But the water crisis has not only raised important questions about residents’ rights to, and responsibility for, the water they use. It has also brought to the surface interesting issues about criminality and crime control, and our individual and collective relationship to water. Stories of violence and incivility at water collection points and in supermarkets have captured attention on social media, and city dwellers have hotly debated the threat of organised crime, laws against rebottling and reselling of municipal water, and the Western Cape government’s Water Disaster Plan, which gives the police and army responsibility for maintaining safety and order at water collection points. Of course, while questions of water saving, risk and safety feel quite new to many Capetonians, scholars, activists and policymakers (including criminologists) have been writing about these issues for much longer. The Centre for Law and Society approached two scholars/activists to discuss the water crisis and its impact on questions of vulnerability, risk and security. Nick Simpson, an environmental and human development consultant (and post-doctoral scholar at the University of Cape Town), discussed questions of criminology in the age of the Anthropocene, and Vivienne Mentor-Lalu, a researcher/facilitator for the Women and Democracy Initiative at the Dullah Omar Institute at the University of the Western Cape, spoke to us about the gendered impact of the drought. Nolundi Luwaya, Kelley Moult, Diane Jefthas and Vitima Jere contributed to this piece.
很少有开普敦人会反对这样的说法,即该市受到了当前水危机的冲击,许多人称之为现代史上最严重的水危机。关于节水技术的讨论、“水勇士”俱乐部的成员资格、家庭日常使用数据的晚宴比较、厕所习惯的讨论(冲还是不冲。就连这位“油腔滑调”的西开普省总理也夸口说,她每三天只洗一次澡,以帮助击退“零日”。但水危机不仅引发了关于居民用水权利和责任的重要问题。它还揭示了有关犯罪和犯罪控制以及我们与水的个人和集体关系的有趣问题。关于取水点和超市暴力和不文明的故事在社交媒体上引起了关注,城市居民对有组织犯罪的威胁、禁止重新安置和转售市政用水的法律以及西开普省政府的水灾害计划展开了激烈的辩论,这使警察和军队有责任维护取水点的安全和秩序。当然,尽管节水、风险和安全问题对许多开普敦人来说是全新的,但学者、活动家和政策制定者(包括犯罪学家)对这些问题的研究已经持续了很长时间。法律与社会中心与两名学者/活动家接触,讨论水危机及其对脆弱性、风险和安全问题的影响。环境和人类发展顾问(开普敦大学博士后学者)尼克·辛普森讨论了人类世时代的犯罪学问题,西开普大学杜拉·奥马尔研究所妇女与民主倡议研究员/促进者Vivienne Mentor Lalu,向我们讲述了干旱对性别的影响。Nolundi Luwaya、Kelley Moult、Diane Jefthas和Vitima Jere为这篇文章做出了贡献。
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引用次数: 0
Testing the judiciary's appetite to reimagine protest law: A case note on the SJC10 case 测试司法部门重新构想抗议法的意愿:SJC10案件的案例说明
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-03-30 DOI: 10.17159/2413-3108/2018/V0N63A4509
Jameelah Omar
Judgment in the long-awaited SJC10 case was handed down on 24 January 2018. This case marks a victory for the collective bane on civil society – that of the criminalisation of a convener of a protest for the failure to provide notice. It goes a long way to opening the space for more serious engagement on the legitimacy of the Regulation of Gatherings Act 1993 and its possible reformulation to give effect to section 17 of the Constitution – the right to peaceful and unarmed assembly. This appeal to the high court was brought by the SJC on very limited grounds, focusing only on the requirement to provide notice – a strategy that has paid off, as the contested section of the Regulation of Gatherings Act was declared unconstitutional. This case note dissects some of the key arguments raised by the SJC and by the state, and analyses the court’s reasoning in reaching this finding.
期待已久的SJC10案于2018年1月24日作出判决。这起案件标志着公民社会集体祸害的胜利,即将未提供通知的抗议召集人定罪。它在很大程度上为更认真地参与1993年《集会管理法》的合法性及其可能的重新制定开辟了空间,以实施《宪法》第17条——和平和非武装集会的权利。SJC向高等法院提出的上诉理由非常有限,只关注提供通知的要求——这一策略已经得到了回报,因为《集会条例法》中有争议的部分被宣布违宪。本案例说明剖析了SJC和州政府提出的一些关键论点,并分析了法院得出这一结论的理由。
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引用次数: 0
Mass killings and calculated measures: The impact of police massacres on police reform in South Africa 大规模屠杀和有计划的措施:警察屠杀对南非警察改革的影响
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-03-30 DOI: 10.17159/2413-3108/2018/v0n63a3028
G. Lamb
Over the past two centuries, the police have perpetrated massacres in response to protest action in numerous countries. Available scholarly literature has typically focused on the circumstances that contributed to such mass killings, but rarely has there been consideration of the impact that such massacres subsequently may have had on the police organisation. Hence, this article will explore the relationship between massacres perpetrated by the police and police reform, with a particular focus on South Africa. The article concludes that, in the context of public order policing, massacres perpetuated by the police can contribute towards relatively immediate police reforms, particularly in terms of police strategies and tactics. In some circumstances, massacres have even led to some restructuring of the police organisation. The nature of the government and the policing environment appeared to be key determinants of the types of police reforms, post-massacre.
在过去的两个世纪里,警察为了应对许多国家的抗议行动而实施了大屠杀。现有的学术文献通常集中在导致这种大规模杀戮的环境上,但很少考虑到这种大屠杀随后可能对警察组织产生的影响。因此,本文将探讨警察犯下的大屠杀与警察改革之间的关系,并特别关注南非。文章的结论是,在维持公共秩序的背景下,警察持续的屠杀可以促进相对直接的警察改革,特别是在警察战略和战术方面。在某些情况下,屠杀甚至导致了警察组织的一些重组。政府的性质和治安环境似乎是大屠杀后警察改革类型的关键决定因素。
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引用次数: 4
Frequency and turmoil: South Africa's community protests 2005-2017 频率与动荡:2005-2017年南非社区抗议活动
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-03-30 DOI: 10.17159/2413-3108/2018/V0N63A3057
P. Alexander, Carin Runciman, Trevor Ngwane, Boikanyo Moloto, Kgothatso Mokgele, Nicole Van Staden
This article reports on the frequency and turmoil of South Africa’s community protests from 2005 to 2017, which, taken together, have been called a ‘rebellion’. It defines ‘community protest’ as protests in which collective demands are raised by a geographically defined and identified ‘community’ that frames its demands in support/and or defence of that community. It distinguishes between ‘violence’ and ‘disorder’, which has produced a novel three-way categorisation of turmoil, namely ‘orderly’, ‘disruptive’ and ‘violent’ protests. Drawing on the Centre for Social Change’s archive of media reports, the largest database of its kind, and by comparing its data with details gleaned from the police’s Incident Registration Information System (an unrivalled source of protest statistics), the article reveals a rising trend in frequency of community protests and a tendency towards those protests being disorderly, that is, disruptive and/or violent. In the process of advancing this position, the authors offer a critique of other attempts to measure the number and turmoil of community protests.
本文报道了2005年至2017年南非社区抗议活动的频率和动荡,这些抗议活动合在一起被称为“叛乱”。它将“社区抗议”定义为由地理上定义和确定的“社区”提出集体要求的抗议活动,并将其要求框架化为支持/和/或捍卫该社区。它区分了“暴力”和“无序”,从而产生了一种新的骚乱三种分类,即“有序”、“破坏性”和“暴力”抗议。文章利用社会变革中心(Centre for Social Change)的媒体报道档案(这是同类数据库中最大的一个),并将其数据与警方的事件登记信息系统(一种无与伦比的抗议统计来源)收集的细节进行比较,揭示了社区抗议频率上升的趋势,以及这些抗议活动无序的趋势,即破坏性和/或暴力。在推进这一立场的过程中,作者对衡量社区抗议的数量和动荡的其他尝试提出了批评。
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引用次数: 53
Learning from contemporary examples in Africa: Referral mechanisms for restorative justice in Tanzania 从当代非洲的例子中学习:坦桑尼亚恢复性司法的转介机制
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-03-30 DOI: 10.17159/2413-3108/2018/V0N63A4368
Ntemi Nimilwa Kilekamajenga
Tanzania is one of the jurisdictions in Africa that follow an adversarial criminal justice system. Despite a number of problems associated with the fact that the criminal justice system over-utilises imprisonment, there is still a lack of diversionary measures to complement the system. This article investigates restorative justice as a complementary system to the Tanzanian criminal justice system, arguing that the law, including the constitution of the country, favours the application of restorative interventions. Invoking restorative justice mechanisms can, inter alia, relieve over-laden courts from the backlog of minor cases, and can help the government salvage funds by reducing the number of incarcerated offenders. It is further argued that restorative justice approaches that have been articulated in some juvenile justice systems in Africa can be adapted to suit the Tanzanian restorative approach for child and adult offenders.
坦桑尼亚是非洲实行对抗性刑事司法制度的司法管辖区之一。尽管刑事司法系统过度使用监禁这一事实存在一些问题,但仍然缺乏补充该系统的转移注意力措施。本文调查了恢复性司法作为坦桑尼亚刑事司法系统的补充系统,认为包括国家宪法在内的法律有利于恢复性干预的应用。除其他外,援引恢复性司法机制可以减轻法院积压的轻微案件的负担,并可以通过减少被监禁罪犯的数量来帮助政府挽救资金。有人进一步认为,非洲一些少年司法系统中阐述的恢复性司法方法可以进行调整,以适应坦桑尼亚对儿童和成年罪犯的恢复性方法。
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引用次数: 5
Editorial: Change, Continuity, Challenges 社论:改变、延续、挑战
IF 0.5 Q4 CRIMINOLOGY & PENOLOGY Pub Date : 2018-03-30 DOI: 10.17159/2413-3108/2018/V0N63A4736
Kelley Moult
Editorial for the March 2018 edition.
2018年3月版社论。
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引用次数: 0
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South African Crime Quarterly-SACQ
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