Criminal Adjective Law Analysis
Introduction
The traditional underpinnings of criminal adjective law, statutes, common law and case, regulate South African criminal proceedings.
The point of departure for the construction and application of all the rules of criminal adjective law has become the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution). This ramification results from the categorical superiority of the Constitution, as proclaimed in the preamble as well as sections 1(c) and 2 of the Constitution. Furthermore, section 2 of the Constitution dictates that any criminal procedural rule in opposition to constitutional precepts is invalid. Thus the analysis of any criminal procedural law rule must account for influence stemming
…show more content…
The substantive nature of the constitutional right to a fair trial marks a departure from the common law position. Thus the condemnation of the blameless, the arbitrary postponements of criminal proceedings or the denial of legal representation offend these values. Not only is a fair trial a prerequisite before the pronouncement of guilt but the prosecution must perform duties impartially. The wording of section 35(3) of the Constitution indicates that the precept is extensive and not limited to the section’s explicit …show more content…
The general operation of section 174 of the CPA
The phrasing of section 174 of the CPA remains essentially unaltered from its analogous section in the preceding Criminal Procedure Act.
Section 174 of the CPA stipulates that the trial court may exonerate the accused at the conclusion of the presentation of the prosecution’s argument if the court’s view is that there is no support indicative that the accused committed either crime specified in the charge sheet or indictment or any other competent verdict.
This provision affords the accused an opportunity to render an application to be discharged or secure a favourable ruling following the prosecution’s argument if such argument is devoid of evidence. (The criterion applicable in evaluating the evidence is that of the judicious man as will become apparent in the ensuing section of the essay.) This procedure enables the accused to circumvent the presentation of his
Essay On 7th Amendment
867 Words | 4 PagesThe clear distinction between a jury and a judge is among the key specifications of the seventh amendment. This distinction in the law is termed as functions. According to the amendment, the judge is designated to try the law whereas the jury can try according to facts. This distinguishing between the law and fact is important as it gives the legitimacy to the decree of juries. At the same time, the amendment prevents from violation of the justified legal anticipations of the
Defining Crime
630 Words | 3 PagesThis essay will examine the legal aspects of defining crime, there are many ways in which you can define crime whether it is deemed to be right or wrong. The concept of crime has changed throughout the years and there is no simple answer to what is crime, the idea of crime is constantly changing and it will keep changing as the perception is surrounded of what constitutes criminal behaviour. As stated in the sage dictionary of criminology crime “Depends upon which of its multiple constitutive elements is emphasized, this in turn depends upon the theoretical position taken by those defining crime” (The Sage Dictionary of Criminology, Eugene and John, P.85). Therefore defining crime is not as simple as it may look as it depends on which position you are thinking from.
Does Florida's Injustice To Violate The Sixth Amendment
1064 Words | 5 PagesOur Constitution has long required the criminally accused to be tried by their peers. The question before us today is whether Florida’s death sentencing scheme violates the Sixth Amendment in light of the decision in Ring v. Arizona., 536 U.S. 584 (2002). We hold that it does violate the Sixth Amendment right to a jury trial. I
How Was The Scottsboro Trial Unfair
1387 Words | 6 PagesIn the history of the United States of America, there have been many situations in which a trial was unfair, both in the cases of state and federal indictments. However, none of these have measured up to the outrageous inequity and negligence by the Alabama legal system in 1930. This poses the question: to what extent did the Scottsboro Trial reveal the faults of the U.S. Judicial System? Going so far to tie back to the Constitution, the Scottsboro Trial violated many rights of these boys, regardless of race; even the judges and prosecution put the system to shame. Aside from years of trial, falsely incriminating evidence, and biased courts, the Scottsboro boys faced years of judges, prosecutors, and mobs trespassing on their basic human rights.
Brady V. Maryland Argumentative Essay
390 Words | 2 PagesThe duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
Felony Murder Rule Research Paper
1805 Words | 8 PagesLippman, Matthew. (2017). Essential Criminal Law (2nd ed.). Thousand Oaks, CA: Sage Publications. Malani, Anup. (2007)
What Are The Constitutional Amendments In The Movie Fracture
1559 Words | 7 PagesFracture is a movie that focuses on the court proceedings of an attempted murder trial and emphasizes the legal aspects of this event. In the film, there are several instances in which the Constitutional Amendments are used in the movie as positive or negative rulings in the court. Because this is a movie follows a complex court case, it is an excellent source for these Constitutional Amendments and provides a multitude of examples to accurately represent the commonly used amendments in trials and arrests. This movie focuses primarily on the Fourth, Fifth, Sixth, and Fourteenth Amendments to the Constitution, as well as the basic concepts of criminal justice.
Bill Of Rights And The 6th Amendment Essay
577 Words | 3 PagesIn addition, the accused have human right sustained by the Constitution of America. This analysis will discuss the history of the Bill of Rights and the 6th Amendment, review the meaning and purpose of the 6th Amendment Right to a speedy trial, and discuss considerations used to assess whether a trial has been ‘speedy’. The Bill of Rights of the United States Government was created to back to the 1790’s.
Analysis Of Sentencing By The Numbers By Sonja Starr
977 Words | 4 PagesA recent trend in the United States Justice System, at local and state levels, is to implement the use of formulas and algorithms to determine sentencing length. In her article “Sentencing, by the Numbers”, University of Michigan law professor Sonja Starr focuses on this trend, and shows flaws that she finds in the system. In the article, she agrees with the actions of Attorney General Eric Holder in criticizing the system for the way in which it determines the risk of future crimes. Throughout, Starr presents the system as something that will, instead of solving mass incarceration, make the problem worse for impoverished persons and minorities. Starr argues that the system discriminates against those with a socioeconomic disadvantage, has
Summary Of The Supreme Court Case Of Miranda V. Arizona
1269 Words | 6 PagesBackground: Miranda v. Arizona is a very important, and complex supreme court case. It is a summation of four court cases; our focus Miranda v. Arizona , Vignera v. New York, Westover v. United States, and California v. Stewart. In each of these cases, the suspects were interrogated in ways that were not procedure and were not aware of their rights of the Fifth Amendment. The Fifth Amendment allows a suspect to remain silent until a lawyer, private or provided, is there to counsel them. Ernesto Miranda, the suspect of Miranda v. Arizona, was interrogated for two hours, recorded and signed a confession without knowing that he could remain silent until a lawyer was present.
12 Angry Men Rhetorical Analysis
1186 Words | 5 PagesTwelve Angry Men is in many ways a love letter to the American legal justice system. We find here eleven men, swayed to conclusions by prejudices, past experience, and short-sightedness, challenged by one man who holds himself and his peers to a higher standard of justice, demanding that this marginalized member of society be given his due process. We see the jurors struggle between the two, seemingly conflicting, purposes of a jury, to punish the guilty and to protect the innocent. It proves, however, that the logic of the American trial-by-jury system does work.
Due Process Model And Crime Control Model In The Criminal Justice System
909 Words | 4 PagesThe principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.
Essay On Legal Ethics
735 Words | 3 PagesEthics is described as the moral believes by which a person will conduct a specific activity. It is these moral believes between the client and legal professional that need to agree to decide the outcome of the case. This essay will handle with legal ethics regarding to being a fit and proper person, the clients needs, professional conduct, professional responsibility and the legal system in South Africa. Before being admitted as a legal professional a person needs to be regarded as being a fit and proper person to practice the noble and precise field of law. The requirement of being fit and proper is seen as one of the most important characteristics of the legal profession but is not to be found in legislation nor is it defined.
Trial By Jury Advantages And Disadvantages
1472 Words | 6 PagesThis essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,
Statutory Interpretation In Constitutional Law
2286 Words | 10 PagesIntroduction of statutes Statute is the main source of south African constitutional law.this is not in any way to deny or detract from the vital importance of both English and Roman-Dutch common-law sources. The statutory sources are legion, and it is not easy to task which constitutional statutes are of sufficient importance to justify their inclusion in a compilation of laws in relation to this topic. It was decided, in the end to keep basic statutes and largely to omit those dealing with specialised aspects of constitutional law. Statutes are arranged in their chronological order.
More about Criminal Adjective Law Analysis
Essay On 7th Amendment
867 Words | 4 PagesDefining Crime
630 Words | 3 PagesDoes Florida's Injustice To Violate The Sixth Amendment
1064 Words | 5 PagesHow Was The Scottsboro Trial Unfair
1387 Words | 6 PagesBrady V. Maryland Argumentative Essay
390 Words | 2 PagesFelony Murder Rule Research Paper
1805 Words | 8 PagesWhat Are The Constitutional Amendments In The Movie Fracture
1559 Words | 7 PagesBill Of Rights And The 6th Amendment Essay
577 Words | 3 PagesAnalysis Of Sentencing By The Numbers By Sonja Starr
977 Words | 4 PagesSummary Of The Supreme Court Case Of Miranda V. Arizona
1269 Words | 6 Pages12 Angry Men Rhetorical Analysis
1186 Words | 5 PagesDue Process Model And Crime Control Model In The Criminal Justice System
909 Words | 4 PagesEssay On Legal Ethics
735 Words | 3 PagesTrial By Jury Advantages And Disadvantages
1472 Words | 6 PagesStatutory Interpretation In Constitutional Law
2286 Words | 10 Pages