Exam (elaborations)
CPR3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024
- Course
- CPR3701
- Institution
- University Of South Africa
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CPR3701 Assignment 2(COMPLETE ANSWERS)
Semester 2 2024
100% GUARANTEED
,CPR3701 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024
Question 1 Complete Mark 0.00 out of 1.00 Question 2
Complete Mark 1.00 out of 1.00 QUIZ Choose the
CORRECT answer from the following statements. In the
regional court at the trial of an accused on a charge
ofmurder: a. it is peremptory for the magistrate to sit with
one or two assessors. b. it is optional for the magistrate
to sit with assessors. c. the court cannot exercise a
discretion to use assessors where the accused waives the
right to have assessors. d. assessors may be appointed
after the leading of evidence. e. failure to consider the
use of assessors does not generally constitute a serious
irregularity, even where the accusedhad agreed to
dispense with assessors. Choose the CORRECT answer
from the following statements: a. The prosecutor or the
accused may compel the attendance of witnesses by way
of a summons. b. A recalcitrant witness in a criminal trial
is someone who proffers answers detrimental to the party
who called themas a witness. c. A postponement refers to
the period when the hearing is already underway,
whereas an adjournment denotes theperiod before the
trial starts. d. A recalcitrant witness in a criminal trial is
someone who refuses to take the oath or refuses to
answer questions. e. A witness’s sympathy with an
accused’s political ideals constitutes a just excuse for the
refusal to answer questions. 9/3/24, 12:27 PM
Assessment 2: Attempt review 25.00/25.00 Grade 100.00
For the first question, the correct answer is:
b. it is optional for the magistrate to sit with assessors.
, In regional courts in South Africa, the decision to sit with assessors is at the discretion of the
magistrate, unless required by specific circumstances.
For the second question, the correct answer is:
d. A recalcitrant witness in a criminal trial is someone who refuses to take the oath or
refuses to answer questions.
A recalcitrant witness is someone who does not comply with the legal obligations of giving
testimony, such as refusing to take the oath or refusing to answer questions when legally required
to do so.
Question 3 Complete Mark 1.00 out of 1.00 Question 4
Complete Mark 1.00 out of 1.00 Question 5 Complete
Mark 1.00 out of 1.00 Question 6 Complete Mark 1.00 out
of 1.00 Choose the CORRECT answer from the following
statements. In the context of a criminal trial previous
convictions: a. only come into play before conviction. b.
only come into play after sentence. c. do not in any way
affect the sentence to be imposed. d. must be proved by
the court. e. must be proved by the prosecution. Choose
the INCORRECT answer from the following statements: a.
A review is concerned with the procedural accuracy of the
proceedings. b. Appeal is concerned with the substantive
accuracy of the proceedings. c. A review is not concerned
with aspects such as the incorrectness of the judgment.
d. Review and appeal may be lodged simultaneously in
respect of the same merits and/ or proceedings. e. Appeal
is lodged by way of an application for notice of motion,
whereas review is sought by way of leave to review.
Choose the INCORRECT answer from the following
statements: a. Every accused enjoys the right to be
pardoned in South African law. b. The function of
pardoning is the prerogative of the State President. c. The
function of pardon exercised by the State President is
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