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 you...
SDJ1501
Assignment 5 Semester 2 2024
Due Date: 09 October 2024
Unique Number : 554078
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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)
2. Who are the primary and secondary victims in these two cases? Please explain your
answer. (300 words, 10 marks)
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, 1. Criminal Justice System Role-Players in the Trial and Post-Trial Phases
In the trial and post-trial phases of the criminal justice system, several key role-players are
involved, each playing crucial roles in ensuring justice is served. These role-players include:
The Judge: In both the trial and post-trial phases, the judge plays a pivotal role.
During the trial, the judge ensures that the proceedings are fair, legal, and unbiased.
They listen to the evidence presented, make rulings on objections and motions, and
provide instructions to the jury if applicable. Post-trial, the judge is responsible for
determining the sentence based on the evidence and legal guidelines.
The Prosecutor: The prosecutor represents the state and the victims, presenting
evidence to prove the accused’s guilt beyond a reasonable doubt. In the Hillary
Gardee and Bokgabo Poo cases, the prosecutor would focus on presenting evidence
related to gender-based violence, ensuring that the perpetrators are held accountable.
Post-trial, the prosecutor may argue for specific sentencing based on the crime's
severity and its impact on the victims.
The Defence Attorney: The defence attorney represents the accused, ensuring that
their legal rights are protected throughout the trial. They challenge the evidence
presented by the prosecution and present their own evidence to create reasonable
doubt. In the post-trial phase, the defence may appeal the conviction or sentence,
arguing for leniency.
The Jury: If applicable, the jury listens to the evidence presented during the trial and
makes a decision on the guilt or innocence of the accused. In South Africa, however,
jury trials are not common, so the judge usually assumes this role.
The Victim: In the trial, the victim (or their representative) may provide testimony,
offering crucial evidence. Post-trial, the victim or their family may provide a victim
impact statement, influencing the sentencing by conveying the emotional,
psychological, and financial impact of the crime.
The Police: They play a role in the investigation leading up to the trial by collecting
evidence, interviewing witnesses, and arresting suspects. Post-trial, the police may be
involved in monitoring parole or probation conditions.
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