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TLI4801 ASSIGNMENT 2 SEMESTER 1 – 2024 (790475)

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  • Course
  • Techniques in Trial and Litigation (TLI4801)
  • Institution
  • University Of South Africa (Unisa)
  • Book
  • Litigation Skills for South African Lawyers

TLI4801 ASSIGNMENT 2 SEMESTER 1 – 2024 (790475) DUE DATE: 22 APRIL 2024 (a) Discuss the rules of etiquette regarding the relationships between defence attorneys, prosecutors and investigating officers. (7) (b) Suppose Mr. Z informs Lucky Stanza that he discussed the issue with John S and...

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  • March 13, 2024
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  • 2023/2024
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TLI4801
ASSIGNMENT 2
SEMESTER 1
DUE DATE: 22 APRIL




2024


"Elevate Your Excellence: Where Distinction Meets Assurance in Every Assignment!"

,TLI4801 ASSIGNMENT 2 SEMESTER 1 – 2024 (790475)
DUE DATE: 22 APRIL 2024




1

,Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a)-(e)) must not exceed 15 pages.
1. Mr. Z is arrested on charges of culpable homicide. The prosecutor avers that he was
the driver of a motor vehicle which on 15 December 2023 was involved in a motor
vehicle collision with a pedestrian on Solomon Mahlangu drive, Mamelodi,
Pretoria. The state through the prosecutors, further avers that, Mr. Z knocked down
the pedestrian at a pedestrian crossing, causing his death. Mr. Z is a well-known
businessman running successful business enterprises in the area and at the time of
the accident he was driving back home from a year-end function with his regular
driver, John S as a passenger.

Mr. Z is represented by a prominent criminal law Attorney, Lucky Stanza known for
his aggressive and robust representation of his clients. Lucky Stanza attends a
conference at the prosecutor’s office however the investigating officer is not invited
to the conference. During the conference, Lucky Stanza makes misleading
statements and disclosures “without prejudice”.


(a) Discuss the rules of etiquette regarding the relationships between defence
attorneys, prosecutors and investigating officers. (7)


RULES OF ETIQUETTE
The rules are as follows:

• Conferences take place at the offices of prosecutors.

• Investigating officers must be present at such conferences/meetings to fulfil the role
of instructing attorneys; they must be treated with courtesy; ensure that the
discussion is off the record or without prejudice; they can be used as witnesses in the
trial.

• Some disclosures cannot be made without prejudice so defence attorneys must be
on their guard.

• Care and caution must be exercised with regards to a plea and sentence agreement
and misleading statements should not be made.

• You need to be careful and maintain your objectivity and composure against your
opponent in a criminal trial and avoid emotional outbursts.




2

, EXPLANATION OF THE ABOVE RULES OF ETIQUETTE (THIS IS ONLY AN EXPLANATION OF
THE ABOVE RULES AND STUDENTS DO NOT NEED TO INCLUDE THIS):


1. Conduct of Conferences: Conferences between defense attorneys and prosecutors
typically occur at the offices of prosecutors, as per Rule (1). This setting provides a
neutral ground for discussions and negotiations related to the case.
2. Presence of Investigating Officers: According to Rule (2), investigating officers must
be present at these conferences to fulfill their role of instructing attorneys. Their
presence ensures that discussions are conducted with the benefit of their insights
and expertise. Investigating officers should be treated with courtesy, and discussions
should be off the record or without prejudice, as outlined in Rule (2). It's important
to note that investigating officers can be called upon as witnesses in the trial,
emphasizing the significance of maintaining a professional relationship with them.
3. Disclosures and Without Prejudice: Rule (3) underscores the importance of
exercising caution regarding disclosures made without prejudice. Defense attorneys
must be vigilant to distinguish between information that can be shared freely and
disclosures that may be prejudicial to their client's case.
4. Plea and Sentence Agreements: Care and caution, as highlighted in Rule (4), are
essential when negotiating plea and sentence agreements. Misleading statements
should be avoided to ensure transparency and fairness in the negotiation process.
Both defense attorneys and prosecutors have a duty to uphold the integrity of plea
and sentence agreements, recognizing their impact on the outcome of the case.
5. Maintaining Objectivity and Composure: Finally, Rule (5) emphasizes the importance
of maintaining objectivity and composure during criminal trials. Defense attorneys
and prosecutors should avoid emotional outbursts and focus on presenting their
arguments with clarity and professionalism. By adhering to these principles, they can
contribute to a fair and impartial adjudication of the case.


Therefore, adherence to the rules of etiquette outlined above is essential for fostering
mutual respect, transparency, and fairness in the interactions between defense attorneys,
prosecutors, and investigating officers. These rules serve as guidelines for conducting
conferences, engaging in discussions, negotiating agreements, and presenting arguments in
criminal cases, ultimately upholding the integrity of the legal process.




3

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