Zelda stands trial in the High Court on a charge of murder. She is tried by a judge who is assisted by two assessors. After closure of the case, it becomes clear that members of the court do not agree on the finding. Discuss the legal principles involved.
Zelda stands trial in the High Court on a charge of murder. ...
7 Fundamental Principles which govern a Criminal Trial:
1. Fair Trial Principle
2. Principle of Legality
Legal guilt proved in a trial where common-law, statutory law and constitutional due
process and rules were followed.
3. Principle of judicial Impartiality
In adversarial system: judge = impartial, passive umpire.
4. Principle of equality of arms
Truth finding is enhanced if prosecution and defense are responsible for
representing their respective cases: only valid if they have equal opportunities.
5. Principle of judicial control
Legote case = criminal court must – without sacrificing it’s impartiality – control and
manage the proceedings within the bounds on the law of Criminal Procedure
6. Principle of Orality
Evidence on disputed questions of fact should be given by witnesses called before the court to give oral testimony of matters within their own knowledge.
7. Principle of Finality
Neither State nor Defence permitted to reopen their cases once close (unless
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zizyerolUniversity of South Africa (Unisa) - LLB LAW
CPR3701 2019 November Exam Scope Questio...
CPR3701 2019 November Exam Scope Questions Answered