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Death Penalty in South Africa (Low Bo Yang)
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Death Penalty in South Africa (Low Bo Yang)

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  • 1. Africa Wu Po Jui Low Bo Yang Zhou Wen Tao Gao Yiming Du Han Yuan Goh Guan Xiong
  • 2. Focus
    • Focus: South Africa
  • 3. Death penalty in South Africa
  • 4. 3 Parts of History
    • Time of Abuse (as in abuse of the death penalty)
    • Time of Restriction
    • Abolition
  • 5. Abuse Time
    • The history of death penalty started in 17 th century
    • Murder
    • Rape
    • Robbery
    • Aggravated Robbery
    • Kidnapping
    • Theft of Children
  • 6. Background
    • Carried out in public
    • Methods: decapitation or hanging.
    • Other means: being burnt to death (A.K.A Necklacing) etc.
  • 7. Necklacing
    • Necklacing is a kind of death penalty that was used by Africa as a form of execution
    • Kills by burning
  • 8. Time of Abuse
    • during 1840-1910 , the number of death penalty crime decreased.
    • The number of executions in South Africa at the time accounted for 47% of the world
  • 9. Time of Restriction
    • Death penalty was limited to 3 crimes
    • Murder
    • Robbery
    • Treason during times of war
  • 10. Abolition of death penalty
    • Constitutional Court of South Africa studied the case of T.Makwanyane and M.Mchunu.
    • South Africa, Congress repealed all provisions for death penalty .
  • 11. Statistics
  • 12. Graph
  • 13. Statistics
    • Expectations that violent crime would decrease after 1994 have not materialized
    • The annual increase in the overall number of recorded crimes was greater in 1999 than in any previous year after 1994
    • Violent crimes increased at a greater rate than the total over this period
    • According to the latest available statistics at the time of writing, levels of recorded crime continued to increase during much of the first half of 2000.
  • 14. Graph
  • 15. Statistics
    • Crimes in 1999 is at all time high
    • The increase in the overall number of recorded crimes, including the number of violent crimes, was greater between 1998 and 1999 than in any previous year after 1994.
  • 16. Statistics
    • South Africa has had some of the highest crime rates in the world in the ten years.
    • As of 2006, 72% of South Africans want the death penalty back
  • 17. Crimes punishable by DEATH
  • 18. Crimes Punishable by Death
    • in 1910, during British Colonization, there’s only one crime punishable by death – Murder
    • In 1948, the list grew bigger, and there are follows – aggravated robbery, burglary, sabotage, terrorism, and kidnapping
  • 19. Case Study Death Penalty on Gays
  • 20. Uganda
    • In Uganda, homosexual people are being executed
    • Family members and friends who fail to report them to the authorities will face up to 7 years of jail
  • 21. Video Uganda’s new Death Penalty Bill
  • 22. Case Study Mengistu Haile Mariam
  • 23. Case Study
    • Mengistu Haile Mariam,71
    • Army lieutenant colonel;
    • Former leader of Ethiopia
    • December 2006, he was
    • convicted of 211 counts of genocide, homicide, illegal imprisonment and illegal property seizure
    • Sentenced to death in absentia on genocide charges by the country's supreme court
  • 24. Who?
    • 1806
      • Crimes of
        • Murder
        • Treason
        • Rape
        • Robbery
        • and " . . . any offence, either at Common Law, or under any statute, or housebreaking, or attempted housebreaking with intent to commit an offence if aggravating circumstances are found to have been present."
  • 25. Exceptions of the Death Penalty
    • 1917
      • Punishments for Murder
        • Children under 16 y.o
        • Women who had murdered her newly born child
    • 1935
        • An amendment to the law in 1935 makes it possible for a jury or judge to find a person guilty of murder " with extenuating circumstances," in which case the death penalty is not passed.
        • More common law crimes are placed in the death penalty category
      • 1995
        • Capital Punishment Abolished
  • 26. Philosophy of Law
  • 27. Law in South Africa
    • Hybrid Legal System
    • Common Law system from the British
    • Civil Law system from the Dutch
    • Indigenous Law system from indigenous Africans
  • 28. Law in South Africa
    • Follow the English Law in the areas of Procedural Law, Company Law and the Law of Evidence
    • Follow the Dutch Civil Law in the areas of South African Law of Contract, Law of Delict, Law of Persons, Law of Things, Family Law
  • 29. Court System in South Africa
    • Court system Organized hierarchically
    • Lowest to highest legal authority
    • Magistrates’ Court
    • High Courts
    • Supreme Court of appeal
    • Constitutional Court
    • African Indigenous Court
  • 30. Philosophy of Law
    • Rehabilitation philosophy
  • 31. Philosophy of Law
    • No death penalty
    • Mandatory sentences for violent crimes (imprisonment with counselling)
    • After 25 years of sentence, all prisoners will be considered for parole including those serving life sentences
  • 32. Philosophy of Law
    • All men deserve a chance to repent
    • Death penalty removes that chance
    • Death penalty – as a means of tool for the government
  • 33. Classroom Discussion
    • Was the abolition of the death penalty justified?
    • If you had a choice, would you bring back death penalty to South Africa?
  • 34. THE END
    • Thank You!
    • Any questions?

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