Articles on Justice

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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.
Oscar Pistorius’ early release was a virtual certainty from the day he was sentenced. EPA/Herman Verwey

Why parole for Oscar Pistorius is perfectly legitimate

Oscar Pistorius was convicted of culpable homicide for what was deemed a tragic accident. In light of that verdict, he has not been subject to any special treatment in terms of his sentence.
Funding CCTV cameras annihilated a proposal in NSW to create a mentoring program directed at young women in prisons or undergoing release. AAP/Julian Smith

Post-release mentoring succeeds in everything but winning funding

Women coming out of jail require forms of assistance that are not simply directed at technologies for prevention or elimination of recidivism, but rather that are focused on health and well-being.
Australia acknowledges the sacrifices of war veterans on commemorative occasions, but those who are charged with criminal offences can only hope the court shows understanding. AAP/Rebecca Le May

Burdens of war service create a strong case for a veterans’ court

The creation of veterans' courts could be part of a fundamental shift to a criminal justice system that genuinely tackles the causes of crime.

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