Cautionary Rule In Botswana
CHAPTER 1 BACKGROUND INFORMATION/ JUSTIFICATION OF THE STUDY The cautionary rule is a rule that has evolved and during the process has been received with warm ,open hands and extensively applied by the Botswana courts .This rule dictates that Judges should caution themselves on the dangers of convicting on uncorroborated evidence of the complainant or the victim as the case may be .The position of the law in Botswana is basically that the evidence of the complainant need not be corroborated in sexual offences but it does require as mentioned above that the Judge or that the court should warn itself of the dangers of convicting the accused on the uncorroborated evidence. There are No statutory provisions which give directions as to how this …show more content…
OBJECTIVES OF THE STUDY • To find out the rationale behind the formulation and application of this rule? • To find out the essence and importance of the cautionary rule • To find out whether the rule forms a crucial element of a trial relating to sexual offences committed against women and girls, if so, to what extent • To find out the shortcomings of the rule with respect to women who are victims in sexual offences? • To find out whether the application of the rule discriminatory to women and girls in sexual offences? • To find out provisions on Human rights that it violates from different human rights instruments • To find out what normally follows in instances where the cautionary rule is not applied? • To find out if the rationale for the application of the cautionary rule justified? • To find out if Botswana should abolish the practice of applying the rule from its criminal justice …show more content…
It must be understood that the aim of the author is to advocate that this rule is indeed discriminatory against women who are victims in sexual offences, therefore the comparison will be made between Botswana and other countries which have abolished the application of the rule in sexual offences because of its discriminative nature .These countries include , inter alia, Namibia, South Africa, Zambia, Canada and Fiji .The rationale behind the abolition of the cautionary rule in the aforementioned countries shall also be looked into .The chapter shall be submitted on the 13th of
The R. V. Ewanchuck Case
280 Words | 2 PagesThe R.v. Ewanchuck (1999) case is a case that shook the Canadian criminal justice system and is considered by feminists a victory because the judge’s decision reflected rape myths and the case is being praised with addressing rape myths in the criminal justice system. The details of the case are; Ewanchuck invited a 17 year- old woman into his van for a job interview ( Dumont, 1999, p. 102-109). After the job interview concluded, Ewanchuck insisted that the woman see his paintings, which were in a trailer behind the van ( Dumont, 1999, p. 102-109). Ewanchuck then took the woman inside the trailer and began to make a series of sexual advances ( Dumont, 1999, p. 102-109).
Biases In The Cosby Case Steven T. O Neil
1737 Words | 7 PagesThe possible biases in jury decision-making will be discussed, including those related to having a celebrity on trial. In addition, this paper will examine the taboo nature of sexual assault cases, the problems that often arise in such cases, and the psychological toll on the victim. One issue with this case is the prosecution’s lack forensic evidence. In a “he said, she said” case that lacks the evidence that jurors expect in order to make their decision, it comes down to whether they believe the defendant or the prosecution. When DNA is not available, other types of physical evidence are examined (LaPorte, G., Nguyen, M., Schwarting, D., Scott, F., Waltke, H., Weiss, D., 2017).
The Case Of Judge Robin Camp
942 Words | 4 PagesArticle Presentation Kathleen Harris and Alison Crawford (2015) wrote article in relation to, Robin Camp, a federal Canadian court judge, who was adjudicating a sexual assault case involving a 19-year-old women in Calgary, AB in 2014. During the victim’s testimony, Judge Camp asked the 19-year-old women “why she could not just keep her knees together” and “why didn’t you just sink your bottom down into the basin so he couldn’t penetrate you” (Crawford & Harris, 2015). These statements spark issues with the public and our judicial system. Due to this statement, Judge Camp has received many complaints, as well as, under review for his behaviour from the council.
Rhetorical Analysis: The All-American Crime By Susan Griffin
1139 Words | 5 PagesFurthermore, in this article Griffin explains the demand for research and proper documentation for sexual crimes, citing evidence from FBI statistics and analyzing court cases that display a pattern of severe negligence. Griffin’s use of ethos provides credibility and context to her argument, creating a stronger trust with herself and the reader and allowing for a powerful emotional
Evaluate The Elements Of The Australian Legal System
999 Words | 4 PagesThis is seen in the concepts of, age of criminal responsibility, the rights of young offenders when questioned or arrested, the procedures and penalties for children
Annotated Bibliography For The New Jim Crow
990 Words | 4 PagesThis information might serve as the conclusion to our presentation which supports the question of whether the criminal justice system is
Jim Crow Law: Naturalization Of Immigrants In The United States
1615 Words | 7 PagesNaturalization Nonresident Alien Resident Alien Illegal Alien Jim Crow Laws Affirmative Action Security Classification System The difference between an immigrant and an alien is that an alien is someone who live in a country where they are not citizens. Immigrants are aliens before they become citizens and intend to live there permanently. Addressing the issue of citizenship the Constitution mention citizenship only as a qualification for holding national office.
Discretionary Model Of Criminal Justice System Essay
536 Words | 3 PagesThe main parts of a criminal justice system can best be described as a discretionary model, because so many steps are taken from the stages of committing a crime to being prosecuted and possibly release from correctional institutions in the future. Each one of these steps have a serious deciding elements in them that play a role in the prosecution of a criminal. As stated in the text book “no two cases are alike, and no two defendants are alike,” (Barkan, 17). Because of the uniqueness of each case and the people involved in it a system must be put in place to insure that at every stage of the criminal justice system there is a set of questions and decisions that are being made effectively and properly.
Criminal Justice History
1720 Words | 7 PagesHowever there are still countries in the world whom have still lacked the appropriate government control and still practice a lot of the ancient ways. For example there is still slavery in Africa, Iran still practices public executions, and Saudi Arabia still practices cruel and unusual punishments such as eye gauging (Grant). My conclusion to the history of the criminal justice system.
People Vs Evans Case Study
1286 Words | 6 PagesReferring that there was no type of physical abuse, or any type of violation that can find him guilty of rape. The court ruled in this way based on the facts that a young and inexperienced girl could not avoid or resist to avoid this events with Evans, and that Evans didn’t show any type of abuse on her, and that is not criminal conduct for male to kept their promises, in how he get Miss Peterson attention with false statements and how he play with sympathy with her. The court ruled in this way because of all this facts and the violence, force and threats are totally out on this case meaning that the Court decision released him of rape, but he was charge and found guilty with two lesser offenses, trespassing on Heinz Patzak’s apartment and from escaping from the police and a second-degree offense. Referring the book “Criminal Law 11th Edition by Joel Samaha, in the chapter 10 pg.359-362 in the case People v.
Analysis Of Claudia Card's Rape As A Weapon Of War
907 Words | 4 PagesProfessor Doris Buss in her article Rethinking “Rape as a Weapon of War” describes such an issue with the Rwandan War Tribunals reaction towards sexual violence, Buss in her texts states “The numbers tell the story. As of December 2008, the Tribunal has overseen the completed trials and guilty pleas of 48 men, only 15 of whom went to trial on charges including rape or sexual violence. Only five men in total have been found guilty of rape-related charges.” (Buss 2009,
Essay On Consent In Criminal Law
1110 Words | 5 PagesConsent can either always be recognised, never recognised or sometimes be recognised as a ground of justification. Consent always recognised is where if consent is given the accused can never be charged with that crime. The law should reflect the victim’s choice to consent as a legitimate excuse of individual autonomy. For example, property crimes with consent will not result in theft or malicious damage to property. Consent that is never recognised as defence is identified as ‘paternalism’.
Gender Inequality In The Bell Jar
1804 Words | 8 PagesTo initiate, the implementation of gender equality laws will help conclude unequal treatment towards women and create opportunities for women to refuse unsafe work and treatments. Also, without the right to make individual choices for body, women 's prosperity, well-being, and potential in society are restricted and gender inequality is therefore perpetuated. According to the academic article, Sexual Health’s Women’s Rights, “120 million girls worldwide have experienced forced intercourse” (Ngcuka) activities against their own individual soul. Many women are suffering from forced physical and sexual violence because of the limited laws and regulations that allow women to refuse unsafe treatments and practices. According to reports, the “ 32
Gender Disparities In The Criminal Justice System
1377 Words | 6 PagesWhen critically analysed, the system derives its justification from the consistency but not the uniformity in sentencing. Key among them is the circumstances leading the offender in the crime. The magistrate therefore looks at the factors that differentiate men and women before reaching at any sentence. However, it is important to exercise fairness and where the magistrate feels weighed down by the accused person’s (women) primary responsibilities to involve child welfare services before issuing a
More about Cautionary Rule In Botswana
The R. V. Ewanchuck Case
280 Words | 2 PagesBiases In The Cosby Case Steven T. O Neil
1737 Words | 7 PagesThe Case Of Judge Robin Camp
942 Words | 4 PagesRhetorical Analysis: The All-American Crime By Susan Griffin
1139 Words | 5 PagesEvaluate The Elements Of The Australian Legal System
999 Words | 4 PagesAnnotated Bibliography For The New Jim Crow
990 Words | 4 PagesUnit 8 P4
1221 Words | 5 PagesJim Crow Law: Naturalization Of Immigrants In The United States
1615 Words | 7 PagesDiscretionary Model Of Criminal Justice System Essay
536 Words | 3 PagesCriminal Justice History
1720 Words | 7 PagesPeople Vs Evans Case Study
1286 Words | 6 PagesAnalysis Of Claudia Card's Rape As A Weapon Of War
907 Words | 4 PagesEssay On Consent In Criminal Law
1110 Words | 5 PagesGender Inequality In The Bell Jar
1804 Words | 8 PagesGender Disparities In The Criminal Justice System
1377 Words | 6 Pages