cpr_exam_questions_and_answers

Unit 1 – a basic understanding of criminal procedure Distinguish between the accusatorial and inquisitorial systems of law. To which system does South Africa essentially adhere? (6) Accusatorial and Inquisitorial procedures  Difference between the two procedures lies in the functions of the parties. Accusatorial Procedure:  e.g. Anglo-American systems and SA (although witness can be called by the judge and procedure of questioning contains inquisitorial elements)  Judge is in the role of detached umpire who should not enter the argument between the prosecution and defence for fear of becoming partial or loosing perspective.  Police primary investigative force passing evidence to prosecutor in file format who then becomes the dominus litis.  Prosecution decides on appropriate charges, court etc.  Trial is in the form of a contest between two theoretically equal parties. Inquisitorial Procedure:  e.g. France  Judge is master of proceedings (dominus litis) – he actively conduct | controls the search for the truth by dominating the questions of witnesses | accused.  After arrest: accused questioned by judge not police.  In trial judge primarily does the questioning and not the counsel for defense Do you agree with the following statement and, if so, why? The presumption of innocence principle is the cornerstone of constitutionalism. If this principle is not upheld at all costs in criminal procedure law and the law of evidence in South Africa, then the law in these categories could be classified as a ``crime control model''. Crime 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 the accused Downloaded by zandile madi () lOMoARcPSD| may be convicted because there is nothing which produces a doubt in the court’s mind about the guilt of the accused.  If the accused can make the court doubt reasonably that one of the required elements has been proved, he must be acquitted.  Even if the State’s version is more probable than the accused’s, he will be acquitted if there is a reasonable possibility that his version may be true and it is not even necessary for the court to believe the accuse