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What is the purpose of formal admissions in court proceedings?
What is the purpose of formal admissions in court proceedings?
What must be proven for an admission to be used as evidence in a criminal case?
What must be proven for an admission to be used as evidence in a criminal case?
Which section of the Constitution guarantees the right against self-incrimination?
Which section of the Constitution guarantees the right against self-incrimination?
In civil cases, what must an admission be shown to be in order to be relevant?
In civil cases, what must an admission be shown to be in order to be relevant?
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What is a key reason for the exclusion of involuntary confessions in evidence?
What is a key reason for the exclusion of involuntary confessions in evidence?
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What does the object test relate to in legal contexts?
What does the object test relate to in legal contexts?
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What distinguishes the admissibility requirements of an admission from those of a confession?
What distinguishes the admissibility requirements of an admission from those of a confession?
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What is the significance of Section 35(1)(c) of the Constitution?
What is the significance of Section 35(1)(c) of the Constitution?
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What is required for a right to be waived validly?
What is required for a right to be waived validly?
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What was the specific role of the attorney in the situation described?
What was the specific role of the attorney in the situation described?
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What time did the accused make their statements according to the events described?
What time did the accused make their statements according to the events described?
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What was the outcome regarding the waiver of pre-trial constitutional rights?
What was the outcome regarding the waiver of pre-trial constitutional rights?
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What aspect of the situation indicates prejudice against the accused?
What aspect of the situation indicates prejudice against the accused?
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What did the investigating officer inform the attorney?
What did the investigating officer inform the attorney?
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What constitutes a violation of the accused's rights in this scenario?
What constitutes a violation of the accused's rights in this scenario?
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What principle is illustrated by the case of S v Maphala?
What principle is illustrated by the case of S v Maphala?
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What is likely to happen if the application for an intermediary is unopposed?
What is likely to happen if the application for an intermediary is unopposed?
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What factor may lead the court to deny testifying via an intermediary?
What factor may lead the court to deny testifying via an intermediary?
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Which statement best describes the burden of proof in criminal law?
Which statement best describes the burden of proof in criminal law?
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In what situation is the court more inclined to accept testimony through an intermediary?
In what situation is the court more inclined to accept testimony through an intermediary?
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What should be explained to an unrepresented accused regarding an application for an intermediary?
What should be explained to an unrepresented accused regarding an application for an intermediary?
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What negative impact might the invocation of an intermediary have?
What negative impact might the invocation of an intermediary have?
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Which of the following best exemplifies a situation where the guidelines for avoiding an unfair trial would apply?
Which of the following best exemplifies a situation where the guidelines for avoiding an unfair trial would apply?
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What is the relationship between the presumption of innocence and the burden of proof?
What is the relationship between the presumption of innocence and the burden of proof?
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What is the primary reason a trial court may exclude admissible evidence?
What is the primary reason a trial court may exclude admissible evidence?
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According to the Constitution, when must evidence be excluded?
According to the Constitution, when must evidence be excluded?
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What constitutes a procedural regularity in establishing guilt?
What constitutes a procedural regularity in establishing guilt?
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Which of the following statements best captures the court's duty regarding evidence?
Which of the following statements best captures the court's duty regarding evidence?
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Which section of the Constitution addresses the admissibility of evidence?
Which section of the Constitution addresses the admissibility of evidence?
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What may the admission of improperly obtained evidence result in?
What may the admission of improperly obtained evidence result in?
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What must the State prove when introducing evidence against an accused person?
What must the State prove when introducing evidence against an accused person?
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What is considered detrimental to the administration of justice?
What is considered detrimental to the administration of justice?
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What does the court consider when determining the admission of evidence obtained in breach of constitutional rights?
What does the court consider when determining the admission of evidence obtained in breach of constitutional rights?
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When does the evidentiary burden shift to the accused?
When does the evidentiary burden shift to the accused?
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What is defined as a 'trap' in the context of entrapment?
What is defined as a 'trap' in the context of entrapment?
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Which of the following statements about entrapment at common law is correct?
Which of the following statements about entrapment at common law is correct?
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Which section regulates the setting of traps and undercover operations?
Which section regulates the setting of traps and undercover operations?
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What may entrapment serve as when sentencing is imposed?
What may entrapment serve as when sentencing is imposed?
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What can happen to an otherwise innocent person in the context of a trap?
What can happen to an otherwise innocent person in the context of a trap?
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What does Section 21(b) classify entrapment as?
What does Section 21(b) classify entrapment as?
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Study Notes
Formal Admissions
- Formal admissions are made during court proceedings, either in pleadings or in court.
- They are legally binding on the person making them.
- They help reduce the number of legal issues a court needs to consider
Criminal Cases
- Voluntariness is essential for an admission to be admitted as evidence in criminal cases.
Civil Cases
- Admissions must be relevant to the case for them to be admissible in civil cases.
Admissibility of Involuntary Confessions
- Involuntary confessions are excluded from evidence because of concerns about coercion and unfair treatment of people in custody.
- This principle is based on the idea that individuals should not be subjected to abusive methods to get confessions.
- This exclusion is a matter of policy based on fundamental principles of justice.
Constitutional Provisions
- Section 35(1)(c): Individuals have the right not to be forced to make a confession or admission that could be used against them.
- Section 35(1)(j): The right against self-incrimination is a fundamental component of a fair trial.
Exculpatory Statements
- There is an objective test to determine if a statement intended to be exculpatory is actually incriminating.
- The court considers the context of the statement to determine its true nature.
S v Basson
- The court can exclude admissible evidence if it concludes that the evidence would render the trial unfair.
- This is a protective measure for the accused's right to a fair trial.
Section 35(5) of the Constitution
- This section deals with the exclusion of evidence obtained in violation of rights.
- Evidence obtained in a manner that violates rights must be excluded if it:
- Makes the trial unfair.
- Is detrimental to the administration of justice.
The Doctrine of Legal Guilt
- Guilt is not determined solely on the likelihood of the accused's factual actions.
- The court must ensure that factual determinations are made in a procedurally regular fashion, reflecting due process and competent procedure.
Prejudice
- A strong causal connection between a rights violation and the accused's subsequent incriminating actions can lead to a high degree of prejudice.
S v Maphala
- Principle: Valid waiver of a right requires knowledge and understanding of the right being waived.
- Facts: Two accused were informed of their rights, an attorney requested no statements be taken until consultation.
- Finding: No informed consent, therefore no valid waiver of rights, statements excluded.
Section 18(c) of CPA
- The section addresses testifying through an intermediary for vulnerable witnesses.
- Human experience suggests that lying about someone in their absence is easier than lying to their face.
Guidelines for Testifying Through An Intermediary
- Trauma: The section is more likely to be applied when the case involves significant physical or mental trauma.
- Stress: If the stress of testifying is excessive, the court may accept testimony through an intermediary.
- Familiarity: If the accused and complainant know each other well, the court may be less likely to grant an intermediary as familiarity reduces stress.
- Unopposed Applications: Unopposed applications for an intermediary are more likely to be granted.
- Explanation: Unrepresented accused must clearly understand their right to oppose the application.
- Evidence: The court must gather necessary evidence to determine if an intermediary is truly needed when the application is opposed.
- Cross-Examination: The court must be aware of the negative potential implications for cross-examination when using an intermediary.
Standard and Burden of Proof
- Rex v Bloom: The presumption of innocence and the burden of proof resting on the party seeking to change the status quo mean the State bears the burden of proving criminal liability.
Step 3 of the Constitutional "Exclusion Test"
- Discretionary Judgment: The court must exercise discretion to determine if the admission of evidence obtained in violation of rights would result in trial unfairness or detriment to justice.
- No Onus: There is no burden of proof in this stage, as the decision is based on a value judgment.
Shift of Evidentiary Burden
- Once the Prosecution establishes a prima facie case, the burden shifts to the accused to present evidence to avoid conviction.
Entrapment
- Section 21(a): Entrapment occurs when someone induces another to commit a crime with the intent of securing their conviction.
- Section 21(b): Entrapment is a proactive investigative technique.
- Common Law : Entrapment is not a defence in Common Law, but it may be considered as a mitigating factor in sentencing.
- Section 21(c): Entrapment is excluded under certain circumstances.
- Section 252A of CPA: Regulates the use of traps and undercover operations.
- Section 252A (3)(a): Evidence obtained through an unlawful trap is inadmissible.
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Description
Explore the critical concepts of formal admissions in court proceedings, including their binding nature and relevance in both criminal and civil cases. This quiz also covers the admissibility of involuntary confessions and the constitutional protections against coercion, shedding light on fundamental justice principles.