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LME3701 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2022 - UNISA - RESEARCH PROPOSAL (WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY)

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LME3701 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2022 - UNISA - RESEARCH PROPOSAL (WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY) You are a candidate attorney working at a law firm that specialises in child justice. You are assisting in a case where the client is the parent of a 17-year-old young man that was charged with assault with the intent to do grievous bodily harm. The client is very concerned about the fact that his child might have to go to jail as he is aware of the appalling conditions of some prisons and does not wish his child to be exposed to that. You are tasked with researching the law pertaining to child offenders and how their cases are dealt with in the criminal justice system. Are there any special provisions in the South African law for child offenders? Write a draft research proposal for a prospective post-graduate study on the topic setting out how the law deals with such issues. Focus on the legislative framework, law reform commission reports, case law and writings by scholars. Make sure to also focus on the relevant Constitutional rights that play a part in the debate on these issues. When writing your proposal, you have two options in terms of research approach: 1) Write the proposal using the historical research approach. This means looking at the historical development of the law on the issue from a specific date in the past up to the present day. You will look at relevant case law and legislation that might have contributed to the law as it stands today. You will also consider law reform commission reports. Writings by scholars can assist in interpreting the law and evaluating its application and effectiveness. OR 3 2) Write the proposal using the comparative research approach: This means looking at the current legal position in one jurisdiction and comparing it to the current legal position in another jurisdiction. For purposes of this research proposal, you must look at the laws of Australia. Legislation, case law, law reform commission reports and writings by scholars should be consulted.

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LME3701
Legal Research Methodology

ASSIGNMENT 2 DRAFT
RESEARCH PROPOSAL MEMO
Semester 2 - 2022
Unique number: -617850 DUE: 12 SEPTEMBER 2022

DOCUMENT PREVIEW Includes Footnotes and/or Bibliography
Research topic You are a candidate attorney working at a law firm that specialises in child justice.
You are assisting in a case where the client is the parent of a 17-year-old young man that was
charged with assault with the intent to do grievous bodily harm. The client is very concerned
about the fact that his child might have to go to jail as he is aware of the appalling conditions of
some prisons and does not wish his child to be exposed to that. You are tasked with researching
the law pertaining to child offenders and how their cases are dealt with in the criminal justice
system. Are there any special provisions in the South African law for child offenders? Write a
draft research proposal for a prospective post-graduate study on the topic setting out how the
law deals with such issues. Focus on the legislative framework, law reform commission reports,
case law and writings by scholars. Make sure to also focus on the relevant Constitutional rights
that play a part in the debate on these issues. When writing your proposal, you have two options
in terms of research approach: 1) Write the proposal using the historical research approach. This
means looking at the historical development of the law on the issue from a specific date in the
past up to the present day. You will look at relevant case law and legislation that might have
contributed to the law as it stands today. You will also consider law reform commission reports.
Writings by scholars can assist in interpreting the law and evaluating its application and
effectiveness.
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, RESEARCH PLAN



THE HISTORICAL DEVELOPMENTS OF THE LAW PERTAINING TO CHILD
OFFENDERS IN TERMS OF THE CRIMINAL JUSTICE SYSTEM



BY (NAME)

(STUDENT NUMBER)



Submitted in partial fulfilment of the requirements for the degree LLB



In the




SCHOOL OF LAW




UNIVERSITY OF SOUTH AFRICA



SUPERVISOR: NAME



ASSIGNMENT 02

UNIQUE NUMBER:- 617850




2022

,ACADEMIC HONESTY DECLARATION



1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this
regard.

2. I declare that this assignment is my own, original work. Where I have used someone else’s
work, I have indicated this by using the prescribed style of referencing. Every contribution
to, and quotation in, this assignment from the work or works of other people has been
referenced according to the prescribed style.

3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing
it off as his or her own work.

4. I did not make use of another student’s work and submit it as my own.

NAME:

SIGNATURE:

STUDENT NUMBER:

MODULE CODE: LME3701

DATE:

RESEARCH THEME SELECTED:

, CONTENTS




1. WORKING TITLE……………………………………………………………………………1

2. RESEARCH INTRODUCTION…………………………………………………………….1

3. PROBLEM STATEMENT………………………………………………………….……….2

4. HYPOTHESIS……………………………………………………………………....……….3

5. POINTS OF DEPARTURE AND ASSUMPTIONS……………………………….,,,,…..3

6. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES………………………9

6.1 Child………………………………………………………………………………………9

6.2 Child Offender…………………………………………………………………………..9

6.3 Child Justice Act………………………………………………………………………..9

7. PROPOSED CHAPTER OUTLAY………………………………………………………..10

8. PROJECTED TIME-FRAME FOR SUBMISSION………………………………………11

9. DESCRIPTION OF RESEARCH METHODOLOGY……………………………………11

10. CONCLUSION………………………………………………………………….…………..11


11. BIBLIOGRAPHY……………………………………………………………………………12

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