SJD1501
Assignment 5
Semester 2
Due 9 October 2024
, 1. Criminal Justice System Role-Players in the Trial and Post-Trial Phases
In the trial and post-trial phases of the Hillary Gardee and Bokgabo Poo cases, various
role-players within the criminal justice system are involved, each with distinct
responsibilities.
Firstly, law enforcement agencies, including the police, are responsible for
investigating the allegations, gathering evidence, and arresting suspects. In these
cases, police investigators would meticulously collect physical evidence, testimonies,
and forensic analysis to build a cohesive narrative for prosecution (Shepherd, 2022).
Secondly, the prosecution represents the state's interests, presenting evidence in court
to prove the accused's guilt beyond a reasonable doubt. Prosecutors must navigate
complex legal frameworks while ensuring that all procedural safeguards are met
(Friedman, 2021). They also play a pivotal role in the post-trial phase if appeals arise,
defending the court's decision.
The defense attorney advocates for the accused, ensuring their rights are upheld and
presenting a counter-narrative to challenge the prosecution’s claims. They conduct
investigations, gather witnesses, and devise strategies to secure acquittal or mitigate
sentencing (Tyler, 2019).
Additionally, the judge oversees courtroom proceedings, ensuring that trials are
conducted fairly, impartially, and according to the law. Their role is critical in the post-
trial phase regarding sentencing decisions or addressing any appeals (Morris, 2022).
Lastly, victim advocates may be involved, offering support and guidance to the families
affected by the crimes, bridging the gap between the institution and the victims (Davis,
2020).
These role-players collectively ensure that justice is pursued and upheld, emphasizing a
holistic approach to addressing the serious issue of gender-based violence.
2. Primary and Secondary Victims in these Cases
In the context of the Hillary Gardee and Bokgabo Poo cases, identifying primary and
secondary victims is crucial for understanding the broader implications of gender-based
violence.
Primary victims are those directly affected by the crime, specifically Hillary Gardee and
Bokgabo Poo. They are the individuals who suffered violence and ultimately lost their
lives. The impact on them is profound, as they experienced the trauma and violence
firsthand, and their tragic deaths symbolize th e severe systemic issues surrounding
gender-based violence in South Africa (Karam, 2022).
Secondary victims, on the other hand, are individuals indirectly affected by the crime.
In these cases, this includes family members, friends, and even community members
traumatized by the violence perpetrated against Gardee and Poo. For instance, their
