Legal Admissions and Evidentiary Standards

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Questions and Answers

What is the purpose of formal admissions in court proceedings?

To reduce the number of issues before the court (correct)

To introduce new evidence

To delay the court process

To increase the complexity of the case

What must be proven for an admission to be used as evidence in a criminal case?

It was made during a plea bargain

It was made in writing

It was made willingly (correct)

It was made publicly

Which section of the Constitution guarantees the right against self-incrimination?

Section 35(1)(j) (correct)

Section 35(1)(d)

Section 35(1)(a)

Section 35(1)(c)

In civil cases, what must an admission be shown to be in order to be relevant?

Relevant to the case in question Signup and view all the answers

What is a key reason for the exclusion of involuntary confessions in evidence?

They often lead to unjust outcomes Signup and view all the answers

What does the object test relate to in legal contexts?

Incriminating statements meant to clear blame Signup and view all the answers

What distinguishes the admissibility requirements of an admission from those of a confession?

Confessions require corroboration, while admissions do not Signup and view all the answers

What is the significance of Section 35(1)(c) of the Constitution?

It protects against involuntary admissions being used as evidence Signup and view all the answers

What is required for a right to be waived validly?

The person must know and understand what they are abandoning. Signup and view all the answers

What was the specific role of the attorney in the situation described?

To prevent the accused from making statements until he arrived. Signup and view all the answers

What time did the accused make their statements according to the events described?

Between 12:00 and 12:45. Signup and view all the answers

What was the outcome regarding the waiver of pre-trial constitutional rights?

There was no informed consent leading to invalid waiver. Signup and view all the answers

What aspect of the situation indicates prejudice against the accused?

The close connection between rights violations and self-incrimination. Signup and view all the answers

What did the investigating officer inform the attorney?

Both accused wanted to make statements as arranged. Signup and view all the answers

What constitutes a violation of the accused's rights in this scenario?

Making statements without adequate legal consultation. Signup and view all the answers

What principle is illustrated by the case of S v Maphala?

Informed consent is necessary for valid waiver of rights. Signup and view all the answers

What is likely to happen if the application for an intermediary is unopposed?

It is more likely to be granted. Signup and view all the answers

What factor may lead the court to deny testifying via an intermediary?

Familiarity between the accused and the complainant. Signup and view all the answers

Which statement best describes the burden of proof in criminal law?

The burden of proof rests on the state to prove criminal liability. Signup and view all the answers

In what situation is the court more inclined to accept testimony through an intermediary?

When there is undue stress related to testifying. Signup and view all the answers

What should be explained to an unrepresented accused regarding an application for an intermediary?

Their right to oppose the application. Signup and view all the answers

What negative impact might the invocation of an intermediary have?

It can affect the cross-examination process. Signup and view all the answers

Which of the following best exemplifies a situation where the guidelines for avoiding an unfair trial would apply?

A witness demonstrates signs of extreme anxiety. Signup and view all the answers

What is the relationship between the presumption of innocence and the burden of proof?

The presumption of innocence requires the state to prove guilt. Signup and view all the answers

What is the primary reason a trial court may exclude admissible evidence?

To protect the accused person's right to a fair trial Signup and view all the answers

According to the Constitution, when must evidence be excluded?

When it was obtained in a manner violating the Bill of Rights Signup and view all the answers

What constitutes a procedural regularity in establishing guilt?

Factually determined actions by authorities within their competencies Signup and view all the answers

Which of the following statements best captures the court's duty regarding evidence?

To exclude evidence that may harm the administration of justice Signup and view all the answers

Which section of the Constitution addresses the admissibility of evidence?

Section 35(5) Signup and view all the answers

What may the admission of improperly obtained evidence result in?

An unfair trial Signup and view all the answers

What must the State prove when introducing evidence against an accused person?

That the evidence is obtained ethically Signup and view all the answers

What is considered detrimental to the administration of justice?

Evidence that may cause jury bias Signup and view all the answers

What does the court consider when determining the admission of evidence obtained in breach of constitutional rights?

The potential consequences of admission Signup and view all the answers

When does the evidentiary burden shift to the accused?

After the prosecution establishes a prima facie case Signup and view all the answers

What is defined as a 'trap' in the context of entrapment?

A person proposing criminal conduct to elicit a conviction Signup and view all the answers

Which of the following statements about entrapment at common law is correct?

Common law does not recognize entrapment as a defense Signup and view all the answers

Which section regulates the setting of traps and undercover operations?

Section 252A of the CPA Signup and view all the answers

What may entrapment serve as when sentencing is imposed?

A mitigating factor Signup and view all the answers

What can happen to an otherwise innocent person in the context of a trap?

They may be compelled to commit a crime Signup and view all the answers

What does Section 21(b) classify entrapment as?

A proactive investigative technique Signup and view all the answers

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.