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SJD1501 Assignment 5 2024
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SJD1501 Assignment 5 Due May 2024
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SJD1501 Assignment 5 2024Due: May 5 2024, 5:00 PM
Assessment 5 - The trial and post-trial phase
Let’s consider the cases of Hillary Gardee and Bokgabo Poo, which were discussed in Unit
5.These tragic events involve numerous alleged crimes. At the forefront is gender-based
violence, which is discussed throughout our units. Please provide your own opinion on the
following:
1. Who are the criminal justice system role-players in the trial and post-trial phases?
Please describe their roles and what parts they play in these two cases. (300 words,
10 marks)
In the trial and post-trial phases of the criminal justice system, several key role-players are
involved, each with distinct responsibilities. The cases of Hillary Gardee and Bokgabo Poo
in terms of these role-players and their roles:
The Prosecutor and the National Prosecuting Authority (NPA):
The prosecutor, representing the State, is responsible for presenting evidence in court to
secure a successful conviction.
They decide whether an offender should be prosecuted and argue the case on behalf of the
State.
In the cases of Hillary Gardee and Bokgabo Poo, the prosecutors would gather evidence
related to gender-based violence charges and present it in court.
They would also assist in arriving at a just verdict and, in the case of a conviction, suggest
a fair sentence.
The NPA oversees the prosecution process and ensures that justice is served.
Witnesses:
Witnesses play a crucial role in providing testimony and evidence relevant to the cases.
They testify in court, under oath, about what they saw or heard related to the alleged
crimes.
Witness testimony can significantly impact the outcome of a trial and may influence the
judge or jury's decision.
, The Defense Lawyer or Legal Representative for the Accused:
Defense lawyers represent the accused and ensure that their rights are protected
throughout the legal process.
They challenge the prosecution's evidence, cross-examine witnesses, and present
arguments in favor of their client's innocence.
In the cases of Hillary Gardee and Bokgabo Poo, defense lawyers would advocate for their
clients' interests and defend them against the charges brought by the prosecution.
The Presiding Officer (Magistrate or Judge):
The magistrate or judge oversees the trial proceedings, ensuring that they are conducted
fairly and in accordance with the law.
They rule on objections, interpret legal issues, and ultimately decide the verdict based on
the evidence presented.
In the post-trial phase, they determine the appropriate sentence if the accused is found
guilty.
As seen in this unit, role-players work together to ensure that justice is served in the trial
and post-trial phases of the criminal justice system. They each contribute their expertise
and play crucial roles in upholding the rule of law and protecting the rights of both victims
and accused individuals.
2. Who are the primary and secondary victims in these two cases? Please explain
your answer. (300 words, 10 marks)
Primary Victims:
Hillary Gardee and Her Family: Hillary Gardee is the primary victim in this case as she lost
her life due to a heinous crime. She was subjected to murder, kidnapping, and possibly
other forms of violence before her death. Her family, including her father Godrich Gardee,
mother, siblings, and other close relatives, are also primary victims. They have endured
immense pain and suffering due to the loss of Hillary and the circumstances surrounding
her death.
Secondary Victims:
The Gardee Family: Although they are primary victims as Hillary's immediate family, they
can also be considered secondary victims due to the emotional and psychological trauma
they experienced. The family endured sleepless nights searching for Hillary when she went
missing, and they continue to suffer from grief and anguish over her tragic death.
Additionally, the Gardee family is now faced with the legal battles and demands for justice,
adding further strain to their already devastated state.
Other Victims of Hlabirwa Rasie Nkuna's Alleged Crimes: Nkuna, the suspect accused of
Hillary's murder, is also linked to other criminal activities, including armed robberies and
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