Introduction to Criminal Justice

Introduction to Criminal Justice

• An effective criminal justice system necessitates the certainty of detection, follow-up, arraignment, prosecution, and punishment.
• A functioning and competent government, access to justice, competent law enforcement agencies, and a reliable legal framework are crucial for a successful criminal justice system.
• The State has the primary duty to proscribe criminal conduct and provide a fair mechanism for its enforcement and punishment.
• The legislative, judicial, and executive branches must function independently and cooperatively under the rule of law.
• The criminal justice system protects the constitutional rights of individuals by separating the guilty from the innocent.

Criminal Offence

• A crime is harmful to both individuals and the community.
• Crime is considered a public wrong, requiring the protection of society.
• The criminal justice system serves to protect society against criminal behavior.

Introduction to Criminal Justice

• The criminal justice system encompasses:
  • Defining criminal conduct and liability requirements.
  • Establishing rules and procedures for investigating criminal conduct.
  • Prosecuting criminal conduct fairly and objectively.
  • Proving guilt through admissible evidence.
  • Sentencing and punishing convicted offenders.

Effective Criminal Justice System

• An effective criminal justice system is vital for a democratic society.
• The Magistrates’ Courts Act allows for the extension of territorial jurisdiction in specific circumstances.

District Magistrate’s Courts

• Deal with criminal and civil cases within a magisterial district.
• Have jurisdiction to try all crimes committed within their districts, except for treason, murder, rape, and compelled rape.
• May impose sentences including imprisonment (up to 3 years), periodical imprisonment, commitment to a treatment center, fines, and correctional supervision.

Regional Magistrate’s Courts

• Deal with criminal and civil cases within a region encompassing several districts.
• Have jurisdiction to try more serious offences than district courts and bail applications.
• Have jurisdiction over all crimes committed within their regions, except treason.
• May impose sentences including life imprisonment for murder or rape, 20 years for armed robbery or hijacking, 15 years for common law offences (provided there is no prescribed minimum sentence), fines, and correctional supervision.

Divisions of the High Court of South Africa

• Regulated by the Superior Courts Act and the Constitution.
• Have provincial territorial jurisdiction.
• Have jurisdiction over all crimes (including treason) committed within their respective areas, but typically handle complex and very serious cases.
• Hear criminal appeals from lower courts.
• May impose sentences including imprisonment (including life imprisonment) and fines of any amount.

Overview of the Typical Processes or Phases of Criminal Justice

• The Criminal Procedure Act (CPA) governs the procedures and phases of criminal proceedings.
• The criminal justice process includes:
  • The pre-trial investigative stage.
  • The pre-trial preliminary hearing stage.
  • The trial phase (including plea and verdict).
  • Post-trial procedures, including sentencing, review, and appeal.

Phases / Stages of Criminal Justice Process

• A criminal prosecution is divided into administrative phases:
  • Pre-trial investigation.
  • Pre-trial preliminary hearing.
  • Trial.
  • Post-trial procedures.
• Practical steps are outlined within each stage.

The 12 Basic Steps of a Criminal Prosecution

A. Pre-trial / Investigation Phase

• A complainant lodges a complaint with the South African Police Service (SAPS), opening a docket and assigning a Crime Assessment System (CAS) number.
• The SAPS is authorized to investigate offences, including:
  • Visiting and examining the crime scene.
  • Contacting victims and witnesses.
  • Gathering evidence.
  • Identifying suspects.
  • Obtaining assistance from experts like forensic scientists or pathologists.
• Investigating officers are granted powers to:
  • Search and seize evidence (with or without a warrant).
  • Enter premises to interrogate a person with consent or reasonable force.
  • Arrest a person with or without a warrant.
  • Use reasonable force during arrest.
  • Monitor and intercept private electronic communications.
  • Take fingerprints, body prints, buccal samples, bodily samples, and crime scene samples.
  • Conduct identity parades or photo lineups.

B. Pre-trial / Investigation Phase (cont.)

• The SAPS's investigatory powers are crucial for crime control, but may infringe upon individuals' fundamental human rights.
• A balance is sought between protecting individual rights and maintaining law and order.
• Individuals are entitled to the rights outlined in section 35(2) of the Constitution.
  • This includes being informed of the right to remain silent and the right to legal representation.
• The police may detain individuals for various reasons, including:
  • Questioning a suspect or arrested person.
  • Awaiting trial prisoners.
  • Incarcerating sentenced prisoners.

Correct Legal Terminology to Denote the Perpetrator

Accused

• A suspect or arrested person becomes an "accused" person once formally charged by the National Prosecuting Authority (NPA).
• Accused persons are entitled to the rights listed in section 35(3) of the Constitution.
• Arrested and detained accused persons are also entitled to the rights in section 35(1) and (2) of the Constitution.

The Intersection of Descriptors

• Perpetrators may be associated with one or more of these descriptors depending on the situation.

Other Legal Terminology Related to the Perpetrator

Convicted Person

• A person found guilty by the court is a "convict" and receives a sentence.
• Convicts are entitled to the rights listed in section 35(3)(m), (n), and (o) of the Constitution.
• A sentence may include detention, leading to the status of a convicted or sentenced prisoner, further entitled to the rights in section 35(2) of the Constitution.

Acquitted Person

• An accused found not guilty (acquitted) remains protected against double jeopardy, according to section 35(2)(m) of the Constitution.

Defence Council / Legal Representation / Legal Practitioners

• Criminal defence attorneys, advocates, or legal practitioners represent the accused during trial, present their case to the court, and fulfill various criminal law functions.

This quiz explores the fundamental principles and structures of the criminal justice system. It covers the importance of law enforcement, legislative processes, and the protection of constitutional rights in addressing criminal offenses. Test your knowledge on how the criminal justice system functions to maintain societal order.