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The viability of the death penalty as an alternative to life imprisonment in South Africa
Dissertation (LLM (Procedural Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613623888642048 |
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| access_status_str | Open Access |
| author2 | Curlewis, Llewelyn Gray |
| author_browse | Curlewis, Llewelyn Gray |
| author_facet | Curlewis, Llewelyn Gray |
| collection | Thesis |
| dc_rights_str_mv | © 2023 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 | Dissertation (LLM (Procedural Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/95820 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:05.758Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/95820 The viability of the death penalty as an alternative to life imprisonment in South Africa Curlewis, Llewelyn Gray katelynmae.carter@gmail.com Carter, Katelyn-Mae UCTD Death penalty Prison conditions Sentencing Societal change Public opinion Punishment Sustainable development goals (SDGs) SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 Dissertation (LLM (Procedural Law))--University of Pretoria, 2024. Twenty-seven years ago, the death penalty (as it was prescribed in S277 (1)(a) of the Criminal Procedure Act) was declared unconstitutional in S v Makwanyane and Mchunu. Given the socio-political landscape of the time, this decision may have been correct. However, this research questions whether this decision is correct for South Africa presently. In 2019 and 2020 South Africa experienced exponentially high rates of serious and violent crimes which resulted in the public demanding the reintroduction of the death penalty. With the above in mind, this dissertation examines the viability of capital punishment in South Africa if it were to be applied presently. It examines whether it is a punishment that is arbitrary in nature and whether it can be classified as a cruel and inhumane punishment in the face of South African prison conditions. It makes a comparative analysis of how the death penalty is viewed between developed and developing abolitionist and retentionist countries. It also takes cognisance of public opinion towards the death penalty and sentencing as whole in the criminal justice process. Lastly, it examines whether the levels of violence currently in South Africa can be comparable to that experienced during a time of conflict in which Chaskalson J said that the death penalty would be admissible. Procedural Law LLM (Procedural Law) Unrestricted Faculty of Laws 2024-05-02T08:11:29Z 2024-05-02T08:11:29Z 2024 2024 Dissertation * S2024 http://hdl.handle.net/2263/95820 10.25403/UPresearchdata.25710081 en © 2023 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 Death penalty Prison conditions Sentencing Societal change Public opinion Punishment Sustainable development goals (SDGs) SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 The viability of the death penalty as an alternative to life imprisonment in South Africa |
| title | The viability of the death penalty as an alternative to life imprisonment in South Africa |
| title_full | The viability of the death penalty as an alternative to life imprisonment in South Africa |
| title_fullStr | The viability of the death penalty as an alternative to life imprisonment in South Africa |
| title_full_unstemmed | The viability of the death penalty as an alternative to life imprisonment in South Africa |
| title_short | The viability of the death penalty as an alternative to life imprisonment in South Africa |
| title_sort | viability of the death penalty as an alternative to life imprisonment in south africa |
| topic | UCTD Death penalty Prison conditions Sentencing Societal change Public opinion Punishment Sustainable development goals (SDGs) SDG-10: Reduced inequalities Law theses SDG-10 SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/95820 |