TUTORS
SJD1501 ASSIGNMENT 05 DUE 09
OCTOBER 2024
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, Questions
1. Criminal Justice System Role-Players in the Trial and Post-Trial Phases (300
words, 10 Marks)
During the trial and post-trial phases of criminal cases, such as Hillary Gardee and
Bokgabo Poo, various prominent participants in the criminal justice system play
important roles in ensuring justice.
1. The Presiding Officer (Judge or Magistrate)
The presiding officer is responsible for ensuring that the trial proceeds fairly and in
accordance with the law. During the trial, they assess evidence, rule on objections,
and ultimately determine guilt or innocence. In post-trial proceedings, they impose
sentences on convicted individuals based on legal guidelines and mitigating factors.
2. The Prosecutor
The prosecutor represents the state and bears the burden of proving the accused's
guilt beyond a reasonable doubt. They lead the case against the accused by
presenting evidence and calling witnesses. Post-trial, they may be involved in
making recommendations for sentencing or pursuing appeals if the verdict is
unsatisfactory.
3. The Defence Attorney
The defence attorney protects the rights of the accused by challenging the
prosecution’s evidence and ensuring a fair trial. They present evidence in favour of
the accused, cross-examine state witnesses, and argue for acquittal. In post-trial
proceedings, they may argue for a lenient sentence or appeal the conviction or
sentence.
4. The Accused
The accused is central to both trial and post-trial phases. They have the right to a fair
trial, to be presumed innocent until proven guilty, and to legal representation. Post-
trial, the accused may appeal a conviction or sentence if legal grounds exist.
5. Witnesses