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Questions and Answers
What is the purpose of this study guide?
What is the purpose of this study guide?
To prepare applicants for the Aspirant Prosecutor Programme entry examination.
What are the three interlinked aspects of law mentioned in the study guide?
What are the three interlinked aspects of law mentioned in the study guide?
Criminal Law, Criminal Procedure, Law of Evidence.
Which of the following is NOT a source mentioned in the study guide?
Which of the following is NOT a source mentioned in the study guide?
- Justice College note on Drugs and Drug Trafficking Act
- International Criminal Court Procedures (correct)
- Principles of Evidence
- Commentary on the Criminal Procedure Act
The law must recognize the act/conduct as a crime in _____ terms.
The law must recognize the act/conduct as a crime in _____ terms.
Criminal law deals with morally wrong conduct.
Criminal law deals with morally wrong conduct.
What must be determined first when assessing criminal liability?
What must be determined first when assessing criminal liability?
Flashcards
Purpose of the study guide?
Purpose of the study guide?
To prepare applicants for the Aspirant Prosecutor Programme entry examination.
Three aspects of law?
Three aspects of law?
Criminal Law, Criminal Procedure, and Law of Evidence.
Recognizing Crime in Law?
Recognizing Crime in Law?
The law requires that the criminal act/conduct is expressed in a clear and understandable manner.
Criminal law deals with morally wrong conduct?
Criminal law deals with morally wrong conduct?
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First Step in Assessing Criminal Liability?
First Step in Assessing Criminal Liability?
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Study Notes
Acknowledgements
- Study guide compiled for Aspirant Prosecutor Programme entry examination 2023.
- Not an academic reference; property of the National Prosecuting Authority.
- Contributors include legal professionals from various DPP offices across South Africa.
Sources
- Commentary on the Criminal Procedure Act and Principles of Evidence are among the primary study materials.
- Additional resources from published texts on criminal law, bail applications, and recent case law.
- Specific references to both physical publications and electronic resources, indicating a combination of traditional and modern study aids.
Contents Overview
- Introduction covers basic principles needed for criminal case presentation.
- Part I discusses Basic Principles of Criminal Law, Common Law Crimes, and Statutory Offences.
- Part II addresses the Law of Evidence, including modern technology's impact on evidence presentation.
- Part III focuses on the Criminal Procedure Act, detailing procedural frameworks.
- Part IV centers on Sentencing guidelines and practices.
Introduction to Criminal Law
- Success in criminal cases requires understanding interlinked aspects: Criminal Law, Criminal Procedure, and Law of Evidence.
- Criminal Law defines offenses and necessary elements for charges.
- Criminal Procedure outlines the processes for gathering and presenting evidence.
- Law of Evidence pertains to what is admissible and relevant in court.
- These three facets must work together for effective legal proceedings.
Basic Principles of Criminal Law
- Legal recognition is essential for establishing criminal liability; conduct must be explicitly defined as a crime.
- Conduct perceived as morally wrong does not automatically constitute a legal violation.
- Clarity in legal definitions is necessary to avoid ambiguous interpretations of crime.
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