sjd1501 assignment 5 answers

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Sjd1501 assignment 5 (complete answers) semester 1 2024 (643092) - due 5 may 2024.

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SJD1501 – Social Dimensions of Justice

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Assignment 5

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Module code: SJD1501 Assignment number: 05 Unique number: 704424 Due date: 16 April 2018 QUESTION: (NOTE: at least 3 articles must be South African articles and not older than 3 months) Choose any 5 examples of reports (articles) on criminal activities that you have found interesting and then do the following: 1) Provide us with the source of the story, in other words, the title of the in the newspaper, page number, name of newspaper, and the date it was published. (5) 2) Provide a brief summary (about 150 words for each article) of what is described in the report and why you have chosen this example. Explain why you find it interesting and give reasons why you believe this story is related to our criminal justice system. (10) 3) Identify the key role players in the article and explain their involvement in the incident from a criminal justice perspective. (10) 4) Write short comments how you perceive the involvement of the functionaries representing the criminal justice system in these cases. In what way do you think these individuals have served justice? If you feel that justice was not served, provide reasons for the view. (5) TOTAL MARKS: 30 Report 1 1. 2 men accused of killing Coligny teen pleaded not guilty news24. P1, Tuesday 20:2018. 2. The two men accused pleaded not guilty for the murder of young Moshoeu Coligny. Doorewaard and Schutte stated that they had caught the teenager stealing sunflowers on the property and proceeded to the police station with Coligny. Allegedly, Coligny jumped off the moving vehicle and broke his neck which resulted in his death. I found the article to be interesting as it sheds light on how active racial discrimination is in South Africa. This one crime activated many destructive components such as the community marches and the burning down of businesses and homes. As a result of these additional protests, South criminal justice legal system is required to uphold the enforcement of the law, prosecute the accused and punish the offender. With that said, the two accused were prosecuted in the North West High Court in Mahikeng on multiple counts of unlawful acts. The two accused however, pleaded not guilty to all illicit counts. Report 2 1. Court hears why cop and should get bail in Glebelands case News24. Pg1, Monday March 26: 2018. 2. A police officer and seven other men were charged with the conspiracy to murder residents in a complex building, for the purpose of obtaining additional income taken monthly instalments from the residents. The article demonstrates unethical values and fraudulent behavior within the criminal legal system. It is far too often that an officer of the law is found to be active within illegal criminal activities, caught and brought to justice. Although the officer pleaded not guilty to the charges, the guilt of the accused will be determined the state prosecutor, who will prove its case beyond reasonable doubt. With this said, the article relates to South criminal justice system as there is currently a high trend of corruption and unethical behavior involving state officials and state parties. Our criminal justice system frowns upon this kind of behavior which is stipulated in the charge sheet of the police officer and the seven accused men. 3. The court proceedings at this stage is in the phase as the advocate argues for bail. At this point, the magistrate of the court, first role player, states that the affidavits should be read out loud and translated in isiZulu as it would be beneficial to the audience present. The second role player was the accused attorney, Andile Dakela however, the attorney instructed Mr. Howse, the advocate, to read each of the men accused affidavit to the court. The third role player is the advocate, Mr. Howse, who argues for a plea. In his plea, he argued that the state prosecutor had no witnesses to use against the involving the majority of the charges. 4. The involvement of the state prosecution was quite disappointing in the application for the bail proceedings. The defense advocate was persistent in his plea providing personal circumstances that required the men accused to be released on bail. Furthermore, the advocate stated that the state had no witnesses to the alleged charges of the convicted men. With this said, these individuals had not severed justice and should not be released on bail. The state, beyond a reasonable doubt, should be convince that the men accused will not cause further harm to society once release on bail. Report 3 1. Henri smoked 3 cigarettes while waiting for Marli to court hears News24. Pg1, Monday February 12. The judge is the third role player as she examined the facts of the case and questioned the possibility of interferences. The fourth role players were expert witnesses such as a forensic pathologist, ballistic expert and DNA forensic expert, who were present but, failed in their proceedings as they were objective to the case. The fifth and last role player was the defense advocate however, the advocate was require to provide his closing argument the following week. 4. The involvement of the state prosecution was well deserved as she questioned the accused testimony. Her argument was therefore strong, as the physical evidence did not line up with the accused testimony. The state had witnesses to clarify the behavior of the accused over the phone as the operator could hear someone in the background making a disturbing sound. One can see how the accused testimony is lacking but for now, justice is in process as the state rests it case and awaits the closing argument of the defense advocate. Report 4 1. bail application postponed News24. Pg1, Friday 23: 2018. 2. The accused was a crime intelligence officer who was found guilty on the charges of fraud, theft and corruption. However, according to the lawyer, rights to be treated equally under the law is being (Mitchley, 2018:1) as there were multiple security guards present in court and outside of court proceedings. The case is interesting as it is another example of how corruption and fraud is accumulating within the criminal justice system. It is interesting to note that the accused, who is an officer of the law, was previously convicted of armed robbery. The case certainly raises suspicion on how the accused manage to escape his conviction and secured a position as a crime intelligence officer whom, sworn an oath to protect society against such harm. As a result of such an act, the South African criminal justice system are to enforce the laws set out in the charges the accused received, once the state has proven its case beyond a reasonable doubt. 3. The court proceedings is in the stage as the accused bail is under consideration. The first role player in the case is the defense advocate, Annelene van den Heever, who argues the unfair treatment of her client. She further states that her client was held in a vehicle making it impossible for her to reach him for a private consultation at the time and the conditions in which he was being treated infringes his rights. The second role player is the prosecutor, Chris Smith, whom provided clarity on the matter and stated that the issue was based on a security concern. in the police. The defense applied the criminal justice system following the court procedures with regards to the questioning of the witness. Although the judge was correct to point out that the defense lawyer was the the lawyer however, argued that the state was with his questioning of the (Pitt, 2018:1). The judge then applied the law that protects the witness of such behavior warning the lawyer of his behavior and body language before the court. 3. The court reached the trial phase as the court entered into the phase. The first role player was the states witness, Desmond Daniels, who demonstrated how the murder weapon was wrapped around the neck. However the second role player, the defense lawyer, questioned the witness stating that his testimony and statement were both unreliable as both lacked similarity. At this point in the cross examination, the third role player was the Judge, who questioned the behavior and tone of the defense lawyer. 4. The involvement of the defense lawyer was brutal as his argument in court was strong. His argument against the states witness, at this time, pointed me towards the defense team as the evidence was lacking with regards to the case. Bibliography 1. Jeanette Chabalala. 2018. 2 men accused of killing Coligny teen plead not guilty. News24, 20 March. 2. Alex Mitchley. 2018. bail application postponed. News24, 23 March. 3. Christina Pitt. 2018. Witness grilled on curling iron cord in Rodhe case. News24, 15 March

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Course : Social Dimension of Justice (SJD1501)

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