Casting a Constitutional Light on the Cultural Defence in South African Criminal Law

Uncommon types of mourning in the light of criminal law and judicial procedures

In Islamic societies and among the Shiites in particular, in accordance with the necessity of respecting the divine rituals, mourning for the prophet and his esteemed family as an instance of divine rituals, is considered to be admired and appreciated. However, the mourning rituals, like many other sorts of social and religious issues, are the subject of the variety of interpretations and insta...

Cultural considerations in the criminal law: the sentencing process.

In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this artic...

African Jurisprudence: The Law as a Complement to Public Morality

Every society is governed by certain rules (the law), customs, norms and values; and these are intricately crucial to the maintenance of public morality. Invariably, there is a public morality which provides the cement of any human society; the law, especially the criminal law, must regard it as a primary function to reflect and maintain this public morality. Criminal Codes lay down various off...

Roman-Dutch law in modern South African succession law

Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of th...