Professional Documents
Culture Documents
FACULTY OF POLICING
Topic:
Tutorial Assigment 1
It terms of ensuring that the above mentioned principle is adhered to and applied, it
would be pivotal as a criminal investigator to ensure that employees of the service
have an in depth knowledge of the very important statutes enshrined in the constitution
and other laws. In order to ensure the effectiveness of this as a criminal investigator I
would set up regular workshops and training seminars. Which will aid members of the
service to have in depth knowledge and understanding of the constitution and other
laws by teaching, informing and creating awareness around these laws and the
important constitutional laws.
Secondly every employee must not consume alcoholic beverages, cannabis or any
other no-medical substance with an intoxicating effect while on duty or may not report
for duty under such influence
Thirdly every employee must honour the confidentiality of official matters, documents
and discussions.
Fourthly every employee ought to be punctual in the execution of his or her official
duties.
In order to ensure the effectiveness of this principal I as a criminal investigator I would
erect and ensure the use of clocking devices which would ensure punctuality in the
execution of employees duties.
2. Question 2
The most important aspect of evidence collection and preservation is protecting the
crime scene. This is to keep the pertinent evidence uncontaminated until it can be
recorded and collected. The successful prosecution of a case can hinge on the state
of the physical evidence at the time it is collected. The protection of the scene begins
with the arrival of the first police officer at the scene and ends when the scene is
released from police custody (Schiro,2020).
https://www.crime-scene-investigator.net/evidenc1.html
This piece of work therefore seeks to give a discussion of the important aspects
which are important in the investigation of crime. These aspects include the
following; the scene of crime, post-mortem, the role of forensic toxicology and hair
in forensic investigation as well as the value of forensic photography. Nonetheless
this piece of work will provide concluding remarks as well as recommendations on
how to prevent the contamination or loss of evidence.
There are various reasons why pathologists visit a the scene of an incident, some
of those reasons include the following; Firstly to ascertain the position of body at the
scene and photograph the scene, secondly to take detailed and accurate notes at
the scene, following the correct procedure as well as confirming the death at the
scene, thirdly identify wounds scrapings and injuries as well as to establish any
signs of struggle, fourthly observe the clothes of the deceased and condition of the
furniture and lastly trace any instruments and objects that might reveal more
information (Zinn,2015:74).
Nonetheless a practical example of this aspect refers to a scene where one would
find the deceased, the get-away vehicle in crimes of armed robbery, the suspect,
the suspect’s environment, the suspect’s vehicle, the weapon used in the crime.
In the case where murder is committed as the first members on the scene you must
secure the crime scene by cordon off using a tape preventing other people from
contaminating the crime scene and destroying the evidence. Preventing people from
disturbing crime scene.
As the first member on the crime scene you need to identify what happened and
observe the situation and take notes of the situation by the time you arrived at the
crime scene what did you noticed and you report back to csc / radio control in order
to dispatch for you the experts .Record the time when the experts arrived at the
scene of crime.
EMS members and Ambulance must be dispatched to certify and confirm dearth
while the body is still on the crime scene. Investigating officer must be called to
investigate the case and to collect possible evidence that will help him/her while
doing investigation. To collect exhibit, clues and witnesses those that are on and
around the crime scene. Try to identify the offender and witnesses.
An investigating officer must show the L.C.R.C members where they can find
fingerprints. L.C.R.C members to lift finger prints for tracing and collecting prints and
tyre imprints, shoe imprints. To take records recording the way the crime scene was
when they arrived and all the injuries sustained by the deceased so that it can be
clear to know the injuries that are caused while transporting the deceased body.
L.C.R.C members must attend the crime scene in order to take photographs of the
body of the deceased, the exhibits, clues and the situation of the crime scene to
give the clear picture before the court of law before they remove the body. The first
members must record everything including the position of the body the injuries of
the deceased. Mortuary pathologist must also visit the crime scene in order to take
notes that will help them when preparing the post-mortem report.
For example in the crime scene or incident of death, after the relevant bodies or
officials have arrived and have played their respective roles in the scene of the
crime. It is then when the post mortem stage begins. In this stage for example, there
has been a murder crime scene and the police investigators have arrived and taken
all relevant statements and information. The forensic pathology who forms part and
parcel of the post mortem stage would then need to determine the cause of death
as well as take samples that will aid in the determination of the cause of death in
respect of the deceased.
The body of the deceased person is then taken by a forensic pathologist to a state
mortuary. The investigating officer along with the next of kin of the deceased would
then go to the mortuary in order to identify the deceased body. A medical doctor
would then open up the body of the deceased in order to check for any internal
injuries or any signs of poison. During the post mortem stage there are also
photographs that are taken which will be used to produce evidence in court
proceedings.
For example in a rape case where there needs to be a determination of who the
perpetrator is, hair samples would form evidence in the collection of DNA. Likewise
in a Murder case where the body of the deceased is burnt beyond recognition, hair
root samples can be taken to determine who the deceased is.
Fourthly the role of a forensic toxicologist refers to a toxicologist who works closely
with pathologist to establish what role a particular poisonous substance played in the
cause of death. The forensic toxicologist then embarks on a process of determining
which substances are present in what concentrations and what effect they have had
on the victim (Zinn,2015:77).
For example in the case where there has been a murder crime scene, however there
cannot be a determination as to what type of poison lead to the deceased death. It
would then be useful to call upon forensic toxicologist to determine whether the
deceased succumbed to his/her death as a result of manmade poison or poison
which emanates from an animal.
2.5. The value of Forensic Photography
Lastly in terms of forensic photography, this aspect plays an important role in the
analysis of physical evidence in forensic laboratory and in courts. Photographs are
helping the investigator and the witnesses to refreshing their memory of what
happened earlier at the scene of crime when they are testifying at the court.
Photographs convey an image of the crime scene the way the crime scene was. It
gives clear picture to the court of the situation of the crime scene (Zinn,2015:129).
2.6. Recommendations
The following allude to recommendations that can be used to prevent the
contamination of a crime scene; one crime manager can be used in order to prevent
the expanding and spreading of the contamination of the crime scene as the use of
numerous persons in a crime scene will lead to more people sneezing and talking.
2.7. Conclusion
It is therefore very vital for the investigating officer to visit crime scene as it will be
conducted in a lawful manner and evidence will be obtained in constitutional manner.
Senior officers of the SAPS should play their role of making sure that the officers are
provided with working material and be monitored to perform their duties appropriately.
3. Question 3
3.1. Four criminal justice process
3.1.1. Pre-trial Process
The pre-trail process consists of the following four aspects, namely reporting,
investigation, docket for decision and dealing with arrested persons. The pre-trial
process is the investigation of the offence. This stage begins when the crime is
committed and continues until the trial starts. The police must ensure that they
investigate crimes in line with s205 (3) of the Constitution
The criminal justice process starts when a crime is committed, the process cannot
commence unless the offence is brought to the attention of the police. Thus, the
crime which has been committed or is being committed must be reported to a police
official. It is therefore necessary and vital for police officials to have extensive
knowledge of criminal law and criminal procedure to be able to take statements that
contain all the required elements of an offence when a complainant lays a complaint.
Thirdly, the docket for decision procedure of the pre-trial process, refers to the
instance where an investigation is complete and the docket is submitted to the
prosecutor, who must decide whether sufficient evidence exists to prosecute the
person suspected of having committed the offence. Once the prosecutor has made
a decision on the docket, the docket will then be returned to the investigating officer
for finalisation of the matter. If the prosecutor decides to prosecute the suspect, the
prosecutor must draw up and formulate the charge and make a decision on the date
and court in which the case will be heard. The details involving the charge, the court
appearance and the date are usually indicated in the Summons (J 175) document.
The last phase of the pre-trial process deals with arrested persons. If a suspect is
arrested for committing a crime, the police officials may under certain circumstances
release the arrested person on written notice (J534), bail (J 398), warning (SAPS
496) or otherwise bring the arrested person before the relevant court within 48 hours
after the arrest. An arrested person who has been released in one of the
abovementioned ways must be warned either in the written notices or by the Court,
to attend his/her trial on a certain date, place and time. Where a written notice (J534)
has been issued, the arrested person may pay an admission of guilt fine instead of
appearing in court.
For example in the case of an alleged theft, such case will not be regarded as an
alleged theft for the purposes of criminal justice unless there is a complainant who
reports a case to relevant police authorities. Upon reporting the complainants
statement must be taken as accurately as possible, to ensure that the facts of the
case are correctly documented.
Once the crime is investigated, evidence is collected (e.g. video footage of the theft,
statements from the store manager, statements from any witnesses, collection of
the stolen item). The investigating officer must ensure that the statements collected
properly document that all the elements of the crime of theft.
All evidence collected and every step of the investigation must be taken down and
noted in the investigation diary by the investigation officer.
(Joubert,2018).
The trial procedure stage consists of the following six aspects, including, the plea
stage, states case, trial within a trial, case for the defence, addressing the court and
judgement.
Firstly at the plea stage, the trial officially starts and the prosecutor will formally put the
charge to the accused and asks the accused to plead to the charge. Although the
accused usually pleads guilty or not guilty, there are other special pleas available to
the accused. If the accused pleads guilty, the court will follow a specific procedure to
ensure that the accused fully understands the charge he has been charged with and
that the accused admits to all the allegations contained in the charge.
Secondly, where the accused has pleaded not guilty, it is the duty of the State to prove
the State’s case beyond reasonable doubt. The prosecutor will lead the evidence on
behalf of the State to prove the allegations which the accused did not formally admit
in the charge sheet. The prosecutor bases his/her case on the information contained
in the case docket and call all the people who submitted statements, for example,
complainants (victims), arresting office and any other person statements were
collected from, as witnesses. The evidence lead by the Prosecutor to his/her witnesses
is called examination-in chief.
Thirdly, it may happen that the admissibility of certain evidence which is disputed by
the other party, during the state’s case, needs to be tested. This part of the trial is
called a trial-within-a-trial. For instance, the prosecutor may want to submit a
confession or and exhibit that the defence claims was obtained in an unconstitutional
manner. In such a case, the admissibility of the specific evidence will be tested during
the trial-within-a-trial.
Once the State has closed its case and a “Prima Facie” case has not been proven by
the state, the defence can apply for the accused to be discharged in terms of section
174 of the Criminal Procedure Act, on the grounds that the State did not submit
sufficient evidence to prove to the court beyond reasonable doubt that the accused
committed the offence. If the court agrees with the Defence, the application will
succeed and the accused will be discharged and found not guilty.
If the court finds that there is a case that the accused needs to answer to, the defence
must open its case and present the case to the Court. The procedure followed during
the defence’s case, is in principle the same as during the state’s case, in that,
witnesses are sworn in and the defence (legal representative) can present the
evidence of the witnesses through examine-in-chief. The state will then also be given
an opportunity to cross examine and the defence and opportunity to re-examine.
Where the accused chooses to testify in his/her own defence, he/her must be the first
witness for the defence. Once all witnesses have been heard, the defence will close
its case.
Fifthly the addressing of the court suggest that, once both parties have presented their
cases to the court, the prosecutor and the defence (legal representative) will be given
the opportunity to address the court. Both parties will highlight their and emphasise
the important aspects of their case, in a way which will swing the balance in their
favour. The court may also ask the parties questions on which the must argue before
the court. Arguments may be of fact or of law and must then be argued accordingly
and be based in fact or law.
Sixthly in terms of the judgement, where the court is convinced beyond reasonable
doubt that the accused is guilty of committing the crime, it will convict him/ her. If,
however, the accused’s version may be reasonable possibly true, he/she must get the
benefit of the doubt and be acquitted. In circumstances where the state may have
alleged a completed crime, but only proved that the crime was attempted or a lesser
offence was committed, then the Court may find the accused guilty of an attempt to
commit the crime concerned or a lesser offence to the crime.
For instance, once the accused has been charged with the crime of court and a trial
date has been set, the State will put the charge of Theft to the accused and the Court
will then ask the accused to submit his plea to the charge. The accused must then
either plead guilty or not guilty to the charge. (Other pleas, not discussed herein are
also available to the accused to plead to in terms of the Criminal Procedure Act).
If the accused decides to plead guilty, he will submit a statement or present his version
to the Court and where the Court is satisfied that all the elements of the offence are
met, will find the accused guilty. Where the elements of theft are not all met and the
accused has admitted to certain elements and not all of them, then the Court has the
duty to find the accused not guilty and request the State to prove the remaining
elements of the offence.
The State will present the case and lead witnesses to the offence. The defence will
have the opportunity to cross examine each witness and the state re-examine to clarify
any points raised during the cross examination which require clarification.
Where a video of the accused is presented to Court, the admissibility of that video may
be disputed by the defence and a trial within a trial need to be heard. Here, the Court
will decide on the admission of the evidence.
The state will close its case and the defence will either apply for discharge or open the
defence case. After presenting himself/ herself or his or her witnesses, the court must
evaluate the evidence provided and provide his/her judgement.
The accused will then be found guilty or acquitted of all charges, or where the court
has decided that the accused is guilty of an lessor offence or an attempted offence,
the Court may find the accused guilty of attempted theft.
(Joubert,2018).
3.1.3. Sentencing
In the sentencing stage the court must decide on an appropriate sentence for the
convicted person. In deciding this, the court must consider several factors prior to
convicting the accused, including whether the accused has previous convictions (once
these are brought to the court’s attention). The defence will then be given the
opportunity to present mitigating factors to mitigate punishment to the court. The state
may cross-examine the witnesses and then lead evidence on aggravating
circumstances, which the defence may in turn cross-examine.
For instance, in the example provided, the accused has been found guilty of theft and
will be sentenced. During the sentencing proceedings, the state will first present the
aggravating circumstances which may include, the fact that theft is a prevalent offence,
it takes away profit from entities, it has harmed deprived the person of their goods, or
whether the accused has previous convictions of the same nature. The State will also
be given the opportunity to present witnesses which may be cross examined by the
accused.
The defence will then present mitigating factors to the court including the accused’s
age, whether they are a sole care giver to children, whether the accused has children
and if the accused is a first offender.
(Joubert,2018).
Bibliography