NCJ Number
51715
Date Published
1976
Length
18 pages
Annotation
THE NEED TO GUARANTEE SUSPECT RIGHTS AND INCORPORATE BLACKS INTO THE JUDICIAL PROCESS IS CONSIDERED, AND THE DISCUSSION FOLLOWING THE PRESENTATION IS SUMMARIZED.
Abstract
SINCE THE JURY SYSTEM HAS BEEN ABOLISHED IN SOUTH AFRICA, IT IS CONSIDERED IMPERATIVE THAT BLACKS IN BOTH RURAL AND URBAN AREAS BE TRAINED TO SERVE AS MAGISTRATES AND ASSESSORS TO ASSURE THE FACT AND APPEARANCE OF JUSTICE FOR ALL SEGMENTS OF THE POPULATION. THE CAPACITY OF THE POLICE UNDER SOUTH AFRICAN LAW TO DETAIN SUSPECTS, IN SOME CASES FOR INDEFINITE PERIODS OF TIME, IS CONSIDERED TO RAISE THE ISSUE OF INTIMIDATION AND THE THREAT OF CONTINUED DETENTION IN GAINING CONFESSIONS FROM SUSPECTS. JUDICIAL CHECKS ON THIS KIND OF DETENTION USE ARE CONSIDERED ESSENTIAL. SOME ATTENTION IS ALSO GIVEN TO THE ISSUE OF THE EXCLUSIONARY RULE IN THE ADMISSIBILITY OF EVIDENCE. THE DISCUSSION FOLLOWING THE PAPER IS SUMMARIZED. IT DEALS WITH A PROPOSAL FOR AN IMMEDIATE JUDICIAL HEARING FOLLOWING THE ARREST OF A SUSPECT THAT WOULD PERMIT SUSPECT'S INFORMAL RESPONSE TO PROSECUTION CHARGES, THUS TENDING TO THWART POLICE INTIMIDATION IN INFLUENCING SUSPECT RESPONSES TO CHARGES. ISSUES PERTAINING TO THE BURDEN OF PROOF AND SOUTH AFRICAN TRENDS TOWARD PLACING MORE OF IT ON THE ACCUSED ARE ALSO CONSIDERED. MATTERS RELATING TO THE ACCUSED AS WITNESS ARE DEBATED, AS ARE THE PROS AND CONS OF THE EXCLUSIONARY RULE. SOUTH AFRICAN LAW AND CRIMINAL JUSTICE (AN ALMOST MIRROR REFLECTION OF ENGLISH LAW) IS QUESTIONED AS BEING A JUST AND REASONABLE GOVERNING TOOL FOR INDIGENOUS AFRICANS. WAYS WHEREBY AFRICAN CUSTOMS AND VALUES MIGHT BE INCORPORATED IN THE FORMAL CRIMINAL JUSTICE SYSTEM OF SOUTH AFRICA ARE CONSIDERED. THE DISCUSSION REFERS TO NCJ-51714 AS WELL. (RCB)