Summary SPR 400 CRIMINAL PROCEDURE 72 pages fully covered docs University of Pretoria

SPR 400 CRIMINAL PROCEDURE 72 pages fully covered docs University of Pretoria THEME 1: INTRODUTION: -p5 Criminal law is part of the adjective (procedural) law. It is used to enforce the rules of substantive law within the criminal law sphere.  Procedural mechanisms must determine substantive guilt reliably, authoritatively and to promote sentencing objectives  Provide dispute resolution mechanisms  efficiency of scarce resources and distribution of powers amongst State officials  Performs function of resolving state-citizen disputes in manner which demands community’s respect of fairness and reliability of its outcome. Difference between Substantive and Formal law: - p6 Substantive law: Formal (adjective) law: Legal rules determining rights and duties of individuals and State Rules of criminal Procedure fits into formal law Private Law Substantive Criminal law needs the formal law to:  Put the Substantive criminal law into action Public Law Law of evidence operates in tandem with criminal procedure rules Examples of substantive criminal law  Determines the prerequisites for criminal liability (like unL, fault)  Prescribes the various elements of specific crimes (theft, fraud or murder) Rule of crim. Procedure DONOT/CANNOT operate in isolation from common L and Const. Rs Attaches sanctions for breach of prohibitions Mere threat of criminal sanction not sufficient  need measures to enforce rules of substantive crim. L  Adjectival L provides these sanctions Scope and Content - 6 1 Crime Control and Due Process – 7 A balance must be struck between the society’s interest in effective criminal law enforcement and society’s interest of the protection of the rights of suspects, arrestees, accused and convicted persons...........