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Questions and Answers
What is the primary function of the District Magistrate’s Courts?
What is the primary function of the District Magistrate’s Courts?
Which of the following crimes can District Magistrate’s Courts try?
Which of the following crimes can District Magistrate’s Courts try?
What type of cases does the Regional Magistrate’s Court handle?
What type of cases does the Regional Magistrate’s Court handle?
What is the maximum sentence that a District Magistrate’s Court can impose?
What is the maximum sentence that a District Magistrate’s Court can impose?
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Under which act is the jurisdiction of the High Court of South Africa regulated?
Under which act is the jurisdiction of the High Court of South Africa regulated?
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What type of criminal cases do High Courts typically handle?
What type of criminal cases do High Courts typically handle?
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Which of the following sentences may a Regional Magistrate’s Court impose for armed robbery?
Which of the following sentences may a Regional Magistrate’s Court impose for armed robbery?
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What governs the procedures in criminal proceedings in South Africa?
What governs the procedures in criminal proceedings in South Africa?
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Which element is NOT essential for an effective criminal justice system?
Which element is NOT essential for an effective criminal justice system?
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What responsibility does the State primarily have in a democratic society regarding criminal conduct?
What responsibility does the State primarily have in a democratic society regarding criminal conduct?
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Which of the following best describes the roles of the three branches of authority in the criminal justice system?
Which of the following best describes the roles of the three branches of authority in the criminal justice system?
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What is the significance of having a reliable legal framework in the criminal justice system?
What is the significance of having a reliable legal framework in the criminal justice system?
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Which factor does NOT contribute to maintaining stability and peace in society through the criminal justice system?
Which factor does NOT contribute to maintaining stability and peace in society through the criminal justice system?
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How do law enforcement agencies contribute to the interests of justice?
How do law enforcement agencies contribute to the interests of justice?
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What does the term 'certainty of punishment' imply in an effective criminal justice system?
What does the term 'certainty of punishment' imply in an effective criminal justice system?
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Why is independent and impartial adjudication important in a criminal justice system?
Why is independent and impartial adjudication important in a criminal justice system?
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What is the primary function of the criminal justice system?
What is the primary function of the criminal justice system?
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Which component is NOT part of the criminal justice system?
Which component is NOT part of the criminal justice system?
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What does due process in criminal proceedings refer to?
What does due process in criminal proceedings refer to?
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What is considered a 'public wrong' within the context of a criminal offence?
What is considered a 'public wrong' within the context of a criminal offence?
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According to the discussed principles, what is the outcome of an effective criminal justice system?
According to the discussed principles, what is the outcome of an effective criminal justice system?
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Which case addresses the due process rights of suspects?
Which case addresses the due process rights of suspects?
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Which phase does NOT represent a typical process of the criminal justice system?
Which phase does NOT represent a typical process of the criminal justice system?
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How does the criminal justice system protect constitutional rights?
How does the criminal justice system protect constitutional rights?
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What is the first step in the pre-trial investigation phase of a criminal prosecution?
What is the first step in the pre-trial investigation phase of a criminal prosecution?
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Which of the following actions can police undertake during the criminal investigation?
Which of the following actions can police undertake during the criminal investigation?
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What is the purpose of conducting an identity parade or photo line-up during a criminal investigation?
What is the purpose of conducting an identity parade or photo line-up during a criminal investigation?
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What key balance must be maintained during the exercise of SAPS investigatory powers?
What key balance must be maintained during the exercise of SAPS investigatory powers?
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Which phase follows immediately after the pre-trial investigative stage in criminal prosecution?
Which phase follows immediately after the pre-trial investigative stage in criminal prosecution?
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During a criminal investigation, what must the SAPS obtain to search premises and seize evidence?
During a criminal investigation, what must the SAPS obtain to search premises and seize evidence?
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Which of the following is not a step in the pre-trial investigation phase?
Which of the following is not a step in the pre-trial investigation phase?
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What specific legislation governs the monitoring of private electronic communications in South Africa?
What specific legislation governs the monitoring of private electronic communications in South Africa?
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What legal terminology is used to refer to a person who has been formally charged by the NPA?
What legal terminology is used to refer to a person who has been formally charged by the NPA?
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Which section of the Constitution outlines the rights entitled to accused individuals?
Which section of the Constitution outlines the rights entitled to accused individuals?
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Under which circumstance does a person become classified as a convict?
Under which circumstance does a person become classified as a convict?
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What is the term for an individual who is found not guilty of a crime?
What is the term for an individual who is found not guilty of a crime?
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Which of the following terms describes someone who is both arrested and awaiting trial?
Which of the following terms describes someone who is both arrested and awaiting trial?
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What designation applies to a person who is sentenced after being found guilty?
What designation applies to a person who is sentenced after being found guilty?
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What legal role do criminal defence attorneys play in a trial?
What legal role do criminal defence attorneys play in a trial?
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If an accused person is released on a warning, how are they categorized?
If an accused person is released on a warning, how are they categorized?
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Study Notes
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.
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Description
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.