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Answers to assignment 1 of 2021

Unit 1 – a basic understanding of criminal procedure Distinguish between the accusatorial and inquisitorial systems of law. To which system does South Africa essentially adhere? (6) Accusatorial and Inquisitorial procedures  Difference between the two procedures lies in the functions of the parties. Accusatorial Procedure:  e.g. Anglo-American systems and SA (although witness can be called by the judge and procedure of questioning contains inquisitorial elements)  Judge is in ...

Unit 1 – a basic understanding of criminal procedure Distinguish between the accusatorial and inquisitorial systems of law. To which system does South Africa essentially adhere? (6) Do you agree w ith the following statement and, if so, why? The presumption of innocence principle is the cornerstone of constitutionalism. If this principle is not upheld at all costs in criminal procedure law and the law of evidence in South Africa, then the law in these categories could be classified as a ``crim...

Criminal Procedure (CPR3701) EXAM Questions AND Answers (University of South Africa) Unit 1 – a basic understanding of criminal procedure Accusatorial and Inquisitorial procedures  Difference between the two procedures lies in the functions of the parties. Accusatorial Procedure: • e.g. Anglo-American systems and SA (although witness can be called by the judge and procedure of questioning contains inquisitorial elements) • Judge is in the role of detached umpire who should not enter ...