1. SJD1501-24-S2-165T
2. Assessments
3. Assessment 5 - 554078
Assignment
Assessment 5 - 554078
Completion requirements
Opened: Monday, 1 July 2024, 8:00 AM
Due: Wednesday, 9 October 2024, 5:00 PM
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)
1. Public Prosecutor
The public prosecutor is a critical role-player who represents the state in criminal cases. In
the trial phase, the prosecutor's primary responsibility is to present evidence against the
accused, in this case, the men accused of raping and murdering Hillary Gardee. The
prosecutor's goal is to prove beyond a reasonable doubt that the accused committed the
crime. In the post-trial phase, the prosecutor may also be involved in arguing for an
appropriate sentence if the accused is found guilty.
2. Defense Lawyer
The defense lawyer represents the accused and is responsible for protecting their legal
rights throughout the trial process. The defense lawyer's role is to challenge the
prosecution's evidence, cross-examine witnesses, and present evidence or arguments that
support the innocence of the accused. In the post-trial phase, the defense lawyer may also
argue for leniency in sentencing or appeal a conviction or sentence.
, 3. Judge or Magistrate
The judge or magistrate presides over the trial, ensuring that the proceedings are
conducted fairly and in accordance with the law. The judge listens to the evidence
presented by both the prosecution and the defense, oversees the examination of
witnesses, and rules on any legal issues that arise during the trial. At the end of the trial,
the judge delivers a verdict based on the evidence presented. In the post-trial phase, the
judge is responsible for determining the appropriate sentence if the accused is found guilty.
4. Witnesses
Witnesses play a crucial role in the trial phase by providing testimony that can support
either the prosecution or the defense. In the Gardee case, witnesses could include
individuals who saw Hillary Gardee on the day of her disappearance or those who have
relevant information about the accused or the crime itself. Their testimonies are vital in
establishing the facts of the case.
5. Police Investigators
Police investigators are involved in both the pre-trial and trial phases. Their role is to gather
evidence, interview witnesses, and build a case against the accused. In the Gardee case,
the police were instrumental in tracking down the suspects after the crime was committed.
Their findings and reports form a significant part of the evidence presented during the trial.
6. Victim’s Family
While not always directly involved in the legal proceedings, the victim's family can play a
role in the post-trial phase, particularly through victim impact statements. In this case, the
Gardee family may provide statements detailing the emotional and psychological impact of
Hillary’s death, which could influence the sentencing decision.
7. Correctional Services
If the accused are convicted, the Department of Correctional Services becomes involved in
the post-trial phase, managing the incarceration and rehabilitation of the offenders. They
are responsible for ensuring that the sentence imposed by the court is carried out.
These role-players collectively ensure that justice is served, from the initial investigation to
the final sentencing and beyond
2. Assessments
3. Assessment 5 - 554078
Assignment
Assessment 5 - 554078
Completion requirements
Opened: Monday, 1 July 2024, 8:00 AM
Due: Wednesday, 9 October 2024, 5:00 PM
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)
1. Public Prosecutor
The public prosecutor is a critical role-player who represents the state in criminal cases. In
the trial phase, the prosecutor's primary responsibility is to present evidence against the
accused, in this case, the men accused of raping and murdering Hillary Gardee. The
prosecutor's goal is to prove beyond a reasonable doubt that the accused committed the
crime. In the post-trial phase, the prosecutor may also be involved in arguing for an
appropriate sentence if the accused is found guilty.
2. Defense Lawyer
The defense lawyer represents the accused and is responsible for protecting their legal
rights throughout the trial process. The defense lawyer's role is to challenge the
prosecution's evidence, cross-examine witnesses, and present evidence or arguments that
support the innocence of the accused. In the post-trial phase, the defense lawyer may also
argue for leniency in sentencing or appeal a conviction or sentence.
, 3. Judge or Magistrate
The judge or magistrate presides over the trial, ensuring that the proceedings are
conducted fairly and in accordance with the law. The judge listens to the evidence
presented by both the prosecution and the defense, oversees the examination of
witnesses, and rules on any legal issues that arise during the trial. At the end of the trial,
the judge delivers a verdict based on the evidence presented. In the post-trial phase, the
judge is responsible for determining the appropriate sentence if the accused is found guilty.
4. Witnesses
Witnesses play a crucial role in the trial phase by providing testimony that can support
either the prosecution or the defense. In the Gardee case, witnesses could include
individuals who saw Hillary Gardee on the day of her disappearance or those who have
relevant information about the accused or the crime itself. Their testimonies are vital in
establishing the facts of the case.
5. Police Investigators
Police investigators are involved in both the pre-trial and trial phases. Their role is to gather
evidence, interview witnesses, and build a case against the accused. In the Gardee case,
the police were instrumental in tracking down the suspects after the crime was committed.
Their findings and reports form a significant part of the evidence presented during the trial.
6. Victim’s Family
While not always directly involved in the legal proceedings, the victim's family can play a
role in the post-trial phase, particularly through victim impact statements. In this case, the
Gardee family may provide statements detailing the emotional and psychological impact of
Hillary’s death, which could influence the sentencing decision.
7. Correctional Services
If the accused are convicted, the Department of Correctional Services becomes involved in
the post-trial phase, managing the incarceration and rehabilitation of the offenders. They
are responsible for ensuring that the sentence imposed by the court is carried out.
These role-players collectively ensure that justice is served, from the initial investigation to
the final sentencing and beyond
