CPR3701 EXAM PACK 2021.

rime Control Model  Regards the repression of criminal conduct as the most important function of criminal procedure. Due Process Model  Regards the adherence to rules which duly and properly acknowledge individual rights at every stage of the criminal process as the only ground on which a conviction and sentence can be secured. Supported by the Bill of Rights. Criticism – tends to neglect the right of victims of crime and law abiding citizens in favour of the rights of the accused as a result truth seeking suffers.  Both models do not exclude each other, and no existing system of criminal procedure consists of only one model. Discussion and description of the presumption of innocence applied in the law of criminal procedure  Criminal procedure does not deal with the detection, investigation and prosecution of criminals, but of suspects (not yet charged) and Accused (charged).  The presumption of innocence & legal guilt:  Due to the Presumption of innocence every person is innocent until:-  Convicted by a court of law in compliance with the rules of evidence & criminal procedure.  Conviction is an objective and impartial pronouncement proving legal guilt in accordance with the principle of legality.  Factual or moral guilt is not the same as legal guilt, conviction in any other way except legally may amount to vigilantism, mob trials and even anarchy.  The presumption of innocence as a statement of the prosecution’s burden of proof:  Prosecution to prove every element of the crime. If a single element is not proved beyond a reasonable doubt the accused cannot be convicted.  the onus of proof rests on the prosecution who must prove guilt beyond a reasonable doubt.  If the State does succeed in proving a prima facie case and the accused does nothing to disturb that case, prima facie proof may harden into proof beyond reasonable doubt and C