Exam (elaborations)
TLI4801 Assignment 2 Semester 1 DUE 22 April 2024.
- Institution
- University Of South Africa
TLI4801 Assignment 2 Semester 1 DUE 22 April 2024.
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TLI4801Assignment 2
Semester 1 DUE
22 April 2024
ADMIN
[COMPANY NAME]
, 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)
In legal proceedings, the relationships between defense attorneys,
prosecutors, and investigating officers are governed by ethical
considerations and rules of etiquette to ensure fairness, justice, and
the proper functioning of the legal system. Here are some key points
regarding the relationships between these parties:
1. Professional Courtesy: There is generally an expectation of
professional courtesy among legal professionals. Attorneys, whether
prosecutors or defense lawyers, are expected to treat each other
with respect and courtesy. This includes communication, scheduling,
and interactions both inside and outside the courtroom.
2. Discovery and Disclosure: Both the prosecution and defense
have a duty to disclose relevant information to each other during
the discovery process. This promotes transparency and ensures that
both parties have access to all relevant evidence. Misleading
statements, especially those made "without prejudice," can be seen
as a breach of this duty.
3. Confidentiality: Communication between attorneys and their
clients is generally considered privileged, but misleading statements
or disclosures made without prejudice during a conference may be
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