TLI4801 Assignment 2 2024, Due 22 April

QUESTIONS AND ANSWERS PROVIDED
FOR TLI4801
ASSIGNMENT 2 SEMESTER 1
2024
FOOTNOTES AND BIBLIOGRAPHY
PROVIDED




TECHNIQUES IN TRIAL AND LITIGATION

ASSIGNMENT 2
QUESTION 1 A
The relationships between defence attorneys, prosecutors, and investigating officers are
governed by certain rules of etiquette to ensure fairness and justice in the legal
process.1 The roles of each party are distinct but interconnected, and it is important for
all parties to maintain professionalism and ethical conduct in their interactions.2
Prosecutors have a duty to seek justice and not merely to secure convictions.3 They
must disclose all evidence, whether exculpatory or inculpatory, to the defence in order
to ensure a fair trial for the accused.4 This duty is known as the prosecutor's duty of
disclosure and is essential for upholding the principles of justice and fairness in criminal
proceedings.5



1 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
2 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
3 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
4 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
5 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.

, Defence attorneys have a duty to zealously advocate for their clients and to represent
their interests to the best of their abilities within the bounds of the law.6 They must
maintain a professional relationship with prosecutors and investigating officers, while
also challenging the evidence against their clients and protecting their rights throughout
the legal process.7
Investigating officers play a crucial role in gathering evidence and conducting
investigations in criminal cases.8 They must carry out their duties impartially and
ethically, without bias or prejudice towards the accused. It is important for investigating
officers to maintain a neutral stance in their interactions with both prosecutors and
defence attorneys to ensure that the evidence they gather is trustworthy and admissible
in court.9
In the scenario provided, Lucky Stanza's actions of making misleading statements and
disclosures "without prejudice" during the conference at the prosecutor's office may
violate the rules of etiquette governing the relationships between defence attorneys,
prosecutors, and investigating officers.10 Misleading statements and disclosures can
undermine the integrity of the legal process and obstruct the administration of justice.11
It is essential for all parties involved in a criminal case to adhere to the rules of etiquette
and to conduct themselves ethically and professionally.12 Communication between
defence attorneys, prosecutors, and investigating officers should be conducted in a
transparent and respectful manner to uphold the principles of fairness, justice, and the
rule of law in the legal system.13


QUESTION 1 B
In advising Mr. Z in this scenario, Lucky Stanza would need to consider the ethical and
legal implications of the situation.14 The proposed course of action, where John S wants
to accept responsibility for the incident and plead guilty to protect Mr.15 Z, raises various
ethical dilemmas and potential legal consequences.16
Lucky Stanza would likely counsel Mr. Z that knowingly allowing someone else to take
the blame for a crime he did not commit could constitute obstruction of justice. By

6 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
7 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
8 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
9 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
10 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
11 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
12 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
13 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
14 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
15 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.
16 Legal Ethics and Professionalism in South Africa” by DAW McQuoid-Mason. Juta, 2019.