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Articles sur Justice

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Olympic and Paralympic track star Oscar Pistorius arrives at the North Gauteng High Court in Pretoria, South Africa, for his sentencing. Reuters/Siphiwe Sibeko

Oscar Pistorius sentence: you might not like it, but it is the law

Under South African law, murder carries a minimum sentence of 15 years for first-time offenders. But courts may deviate from this if they find ‘substantial and compelling circumstances’ to do so.
A proposed new law is set to allow surrogate parents in South Africa to also take leave to care for their babies. shutterstock

Leave for surrogate parents in South Africa: no time for baby steps

South African law requires surrogate mothers to hand infants to their legal parents without undue delay. But it doesn’t provide leave for these parents to care for their infants. That is set to change.
Deputy chief justice Dikgang Moseneke, left, and. chief justice Mogoeng Mogoeng at a special session to mark Moseneke’s retirement. GCIS

South Africa marks the end of a remarkable judicial career

The retirement of Dikgang Moseneke, one of South Africa’s eminent judges and the Constitutional Court’s deputy chief justice, is a moment to reflect on the court’s place in society and his legacy.
Children’s ideas about what is fair can be different from those of adults. Enoch Lai

How do children decide what’s fair?

Children have their own idea of justice, which develops fairly early. So, what’s fair sharing for children? What do they think about rewards and what is their idea of fair punishment?
The Birmingham Six, from left, top; Patrick Hill, Hugh Callaghan and John Walker. Bottom; Richard McIlkenny, Gerard Hunter and William Power. PA/PA Archive/Press Association Images

Would the Birmingham Six be victims of miscarriage of justice today?

The Birmingham Six were released after spending 17 years in prison for crimes they did not commit – there’s still work to do to stop it happening again.
In the Netflix series Making a Murderer, Brendan Dassey is subject to interrogation tactics known as the ‘Reid technique’. Netflix

Making a Murderer: why innocent people confess under interrogation

Innocent people do confess under interrogation to crimes they did not commit, even providing details about the crime. What leads them to falsely confess to very serious crimes?
South Africa is slowly transforming the retributive Western criminal justice system it inherited from colonial times to incorporate African principles of reconciliation and reparation. shutterstock

Why South Africa’s tentative moves toward restorative justice need support

The emergence of the restorative justice philosophy responds to the need to change South Africa’s retributive criminal justice system to accommodate African legal practices.

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