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TLI4801 Assignment 2 Semester 2 2024 (658416) - DUE 17 September 2024

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  • Course
  • Techniques in Trial and Litigation (TLI4801)
  • Institution
  • University Of South Africa
  • Book
  • Elements of Trial Practice

TLI4801 Assignment 2 Semester 2 2024 (Unique No. 658416) - DUE 17 September 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... Assignment 02 – Semester 2 Answer the following questions,...

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TLI4801
ASSIGNMENT 2 2024
UNIQUE NO.658416
DUE DATE: 17 SEPTEMBER 2024

, TLI4801

Assignment 2 2024

UNIQUE NO. 658416

DUE DATE: 17 September 2024

Techniques in Trial and Litigation

1. Prosecutorial Bail for D

Introduction: D has been arrested on a charge of murder, having been witnessed
stabbing the deceased and fleeing the scene. He contacts his attorney from the police
holding cells, requesting assistance to secure his release. The issue at hand is whether
prosecutorial bail can be applied for D's release.

Discussion: Prosecutorial bail is a mechanism allowing an accused person to be
released from custody before their trial, pending the prosecution’s decision or certain
legal conditions. According to Maharaj (2010), prosecutorial bail is typically granted
when there are specific legal grounds, such as the presumption of innocence or the
nature of the evidence.

In the context of a murder charge, the likelihood of granting bail is generally low due to
the severity of the offense. The primary considerations include:

 Severity of the Charge: Murder is a serious offense, often resulting in a high
bail risk due to the potential for a lengthy sentence.
 Flight Risk: D's action of fleeing the scene may suggest a risk of absconding.
 Public Safety: There may be concerns about the safety of the community if D is
released.

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