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TLI4801
- Course
- LAW OF PERSONS (TLI4801)
- Institution
- University Of South Africa (Unisa)
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UNIVERSITY OF SOUTH AFRICA (UNISA)Techniques in Trial and Litigation EXAMS
NAME: EBIOKENG NELSON ARISA
STUDENT: 61207896
MODULE: TLI4801
DUE DATE: 20 ARIL 2023
ASSESTMENT 2 (SEMESTER 1)
, 1. (a). When talking about etiquette, an adjustment to the relationship between the
defense counsel and the prosecutors are as follows:
The meeting with the prosecutors takes place in the offices.
In the meeting, the investigation officer may have to be present to carry out the
role which maybe similar to that of an instructing attorney. There are three very
important of these roles that has to be followed:
i. Treat the investigating officer with the degree of courtesy and respect due
to his or her designation.
ii. The investigation officer might be a witness in the trial and ensure that
what is been said in the presence his or her maybe use against the
accused.
iii. Must ensure that whatever discussion that had should be “off record” and
without prejudice.
Some of the disclosures simply cannot be made ‘without prejudice’. Certain kind
of knowledge would not be forgotten or ignored, and even a simply or passing
remark could have to be investigated, so be advice as to what comments once
said in such meetings.
When a plea and sentencing agreement is still been debated, its advanceable for
everyone to take precaution and not to make false claims or statements and must
ensure not to be mislead the other side. And everyone is considered and have a
duty to make a disclosure of facts.
A plea and sentencing agreement are regarded as a contract and it me well be
reviewed and set aside on ground of coercion of fraud or on grounds that could
impair the legality of the contract.
The scenario in the criminal prosecution would definitely lead to an emotional
outburst and loss of objectivity and composure on the part of the prosecutor or
the counsel. Reasonable cared is required, especially to maintain composure and
objectivity when dealing with an opponent in a criminal case.
The complainant and the accused may have strong feeling to express themselves
or behave badly towards the defense counsel or the prosecutor, you would have
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