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Sentencing in Botswana a comparative analysis of law and practice
Thesis (LLD)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2016
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| _version_ | 1867613570852716544 |
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| access_status_str | Open Access |
| author2 | Van der Merwe, Annette |
| author_browse | Van der Merwe, Annette |
| author_facet | Van der Merwe, Annette |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53148 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:15.015Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/53148 Sentencing in Botswana a comparative analysis of law and practice Van der Merwe, Annette elizabeth.mokobi@mopipi.ub.bw Macharia, Elizabeth Nyawira UCTD Sentencing Sentencing law (Botswana) Capital Punishment Corporal punishment Law theses SDG-16 SDG-16: Peace, justice and strong institutions Thesis (LLD)--University of Pretoria, 2016. This thesis considers capital punishment, corporal punishment and mandatory minimum sentencing in Botswana and the continued usefulness of these three sentencing options. The thesis adopts a comparative approach. Firstly, the thesis examines the abolition of capital punishment in South Africa, and the United Kingdom, as well as inroads made in the manner of application of capital punishment in retentionist commonwealth Caribbean states. Secondly, the process leading to prohibition of judicial corporal punishment in South Africa, Namibia, Zimbabwe, England and Wales, as well as the United States is analysed. Thirdly, the thesis considers mandatory minimum sentencing in South Africa, England and Wales and Australia. The imposition of judicial corporal punishment on juvenile offenders is also examined. Alternative sanctions that may replace these sentencing options are investigated. The findings are that the selected sentencing options fall short of international human rights standards and, in particular the right to life and the right to human dignity. The primacy of these rights is notable in sentencing law and practice of each comparative jurisdiction. The promovenda identifies current barriers to dispensing with these sentencing options in Botswana. Drawing from the comparative jurisprudence, she proposes how Botswana may successfully achieve abolition of the death penalty, prohibition of judicial corporal punishment and improvement of the mandatory minimum sentencing regime. Recommendations are also made for suitable alternative sanctions such as life imprisonment, correctional supervision and restorative justice approaches to sentencing of adult and juvenile offenders, which, if incorporated, will advance sentencing law in Botswana. Procedural Law LLD Unrestricted 2016-06-14T09:45:10Z 2016-06-14T09:45:10Z 2016-04-14 2016 Thesis Macharia, EN 2016, Sentencing in Botswana a comparative analysis of law and practice, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53148> A2016 http://hdl.handle.net/2263/53148 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sentencing Sentencing law (Botswana) Capital Punishment Corporal punishment Law theses SDG-16 SDG-16: Peace, justice and strong institutions Sentencing in Botswana a comparative analysis of law and practice |
| title | Sentencing in Botswana a comparative analysis of law and practice |
| title_full | Sentencing in Botswana a comparative analysis of law and practice |
| title_fullStr | Sentencing in Botswana a comparative analysis of law and practice |
| title_full_unstemmed | Sentencing in Botswana a comparative analysis of law and practice |
| title_short | Sentencing in Botswana a comparative analysis of law and practice |
| title_sort | sentencing in botswana a comparative analysis of law and practice |
| topic | UCTD Sentencing Sentencing law (Botswana) Capital Punishment Corporal punishment Law theses SDG-16 SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/53148 |