Empowering justice: The evolving landscape of cellphone analysis in modern criminal investigations and evidentiary collection

Empowering justice: The evolving landscape of cellphone analysis in modern criminal investigations and evidentiary collection

Authors: D van Rooyen and JS Horne

ISSN: 1996-2118
Affiliations: PHD CJU Candidate, Department of Police Practice, School of Criminal Justice, University of South Africa; DLitt et Phil: Police Science (Unisa); Associate Professor, Department of Police Practice, School of Criminal Justice, University of South Africa
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 434 – 461
https://doi.org/10.47348/SACJ/v36/i3a4

Abstract

In the wake of rapid technological advancements, there has been a remarkable increase in the adoption of mobile devices, also profoundly altering the manner in which individuals use their cellphones. This technological shift, accompanied by increased functionality and popularity of cellphones, provides law enforcement agencies with new avenues for investigative approaches, notably in the realm of mobile forensics. This article explores mobile forensics as a crucial tool for gathering evidence in criminal investigations. Drawing from in-depth analysis, qualitative interviews with the South African Police Service (SAPS) investigators and detective branch commanders, digital forensic investigators/analysts, prosecutors from the National Prosecuting Authority (NPA), a cellphone record analyst, and an examination of local and international literature, the study underscores the significant role mobile forensics plays in effective crime investigation. It advocates for enhanced training of investigators to align with evolving technology, emphasising the need for law enforcement agencies, particularly the South African Police Service (SAPS), to adapt and advance their investigative techniques in the face of ongoing technological transformation. Ultimately, the article aims to demystify mobile forensic analysis, offering insights to aid South African investigators in refining their investigative practices.

Sharpening the subjective element of criminal liability in South African law

Sharpening the subjective element of criminal liability in South African law

Author: Shannon Hoctor

ISSN: 1996-2118
Affiliations: BA LLB LLM (UCT) DJuris (Leiden) PG Dip (Latin) (Wales Trinity Saint David); Professor, Department of Public Law, Faculty of Law, Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 462 – 480
https://doi.org/10.47348/SACJ/v36/i3a5

Abstract

South African criminal law holds to a conception of human beings as morally autonomous, which is consistent with the right to dignity. The individual is the foundation of society and law, and must not be treated as an object or instrument. The right to dignity is limited by a guilty verdict, given the punitive and stigmatising consequences which follow. The infringement of the right to dignity which follows conviction is unjustifiable, unless the finding of liability is based on the offender’s control and choice. But a guilty verdict equally resonates with the right to dignity, by treating the offender as a responsible human agent. The basis for a guilty verdict is founded on blameworthiness. It follows that the subjective element of criminal liability is crucial in the just functioning of the assessment of criminal responsibility. Despite an earlier reliance on objective notions, following the pioneering work of JC de Wet, South African law has developed into a system of criminal responsibility based on a subjective, principled approach to liability, the ‘psychological approach’. The justifications for, operation of, and opportunities for further refinement of this vital feature of substantive South African criminal law forms the fabric of this article.

Book Review: Public Health Crisis Management and Criminal Liability of Governments: A Comparative Study of the Covid-19 Pandemic

Book Review: Public Health Crisis Management and Criminal Liability of Governments: A Comparative Study of the Covid-19 Pandemic

Author: Melodie Labuschaigne

ISSN: 1996-2118
Affiliations: University of South Africa
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 481 – 484
https://doi.org/10.47348/SACJ/v36/i3a6

Abstract

None

Comment: Gambling law: Recent developments

Comment: Gambling law: Recent developments

Author: Marita Carnelley

ISSN: 1996-2118
Affiliations: North-West University
Source: South African Journal of Criminal Justice, Volume 36 Issue 3, p. 485 – 497
https://doi.org/10.47348/SACJ/v36/i3a7

Abstract

Several judgments relating to gambling and the gambling industry have arisen over the past few years that are worthy of academic analysis. This contribution to that analysis will commence with Burgess v S (CA&R58/2022) [2023] ZAECMKHC 83; 2023 (2) SACR 558 (ECMk) (8 August 2023) in which the role that gambling addiction should play in the sentencing process arose, but was not properly dealt with. This will be followed with a discussion of several search and seizure cases, namely Ethypersadh v Minister of Police NO [2023] ZAGPPHC 595 (25 July 2023), Buchler v Minister of SAPS NO (6310/2022) [2023] ZAFSHC 1 (5 January 2023) and Strauss v Minister of Police NO (UM30/2019; UM34/2019) [2019] ZANWHC 23 (2 May 2019). The last section contains brief comments relating to the National Lottery: NDPP v Maweza Nkogatsi Inc (2020/11723) [2021] ZAGPJHC 826 (20 December 2021), as well as the progress in the recovery of looted lottery funds generated by the National Lottery and intended for charity and other good causes.