The Constitution together with s10 of the National Prosecuting Authority Act stipulates that a National Director of Public Prosecutions‚ who is the director of public prosecutions is appointed by the president‚ as the head of the national executive. In Democratic Alliance v President the issue was whether the appointment of Menzi Simelane as the Director of Public Prosecutions by the President of the Republic of South Africa was within the bounds of the Constitution. The Minister for Justice and Constitutional
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committing a criminal offence‚ but this presumption is allowed to be rebutted. That is‚ the prosecution may be able to show that the child‚ at the time of the alleged offence‚ actually knew that their act was seriously wrong‚ and not just “naughty.” * The rebuttable presumption recognizes that children of this age might have the mental capacity to understand the seriousness of their act‚ but only if the prosecution can prove beyond doubt. * Evidence
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battery under the Criminal Justice Act 1988‚ to the higher offences assault causing actual bodily harm and grievous bodily harm under the Offence Against the Person Act (1861). In order for the attacker to be charged within the criminal courts‚ the prosecution must prove the crime is ’beyond reasonable doubt ’ (Charman‚ 2010: 211). The jury must be certain the accused is responsible for the crime. If the attacker is guilty he will be sentenced by the judge‚ in order for the judge to rule a guilty
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law system. An adversarial trial allows the accused or defendant to be given a fair chance to prove his or her innocence. The Sixth Amendment of the United States Constitution states that the defendant is to be given a fair chance to oppose the prosecution‚ have witnesses to help with his or her defense‚ face and question the complainant‚ and for his or her case to be heard by a group of people who are unbiased and impartial. This group is known as the trial jury. Jury Selection. To start the process
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in the face of biological and ethical research. First‚ it is important to look at the official definition of the term “murder”. According to the Merriam-Webster dictionary‚ murder is defined as “the crime of unlawfully killing especially with malicious aforethought”. The two key points in this
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Alliance (CSA) and our research‚ we have identified top seven threats and vulnerabilities that are the causes behind the creation of a stormy cloud [1]. The identified threats and vulnerabilities are ranked from top to bottom as shown in Fig.1. malicious activities from illegal users have threatened this technology such as data misuse‚ inflexible access control and limited monitoring. The occurrence of these threats may result into damaging or illegal access of critical and confidential
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Opening Statements are defined as the information presented to the jury by both the prosecution and the defense attorney; solely to advise the jury of what each side intends to prove and how they will provide that information. Opening statements are evidence or verdict‚ this process allows the prosecution to state what they are going to prove and how their proof relates to the case. For example the prosecutions opening statement would be: my intentions here today is to prove that the stand accused
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431 N.Y.S.2d 422‚ 429 (1980) (error for prosecution to withhold immunity from defense witnesses who asserted fifth amendment only after prosecution threatened to prosecute them for perjury if they testified). Other courts have suggested the same result in dictum or have been reversed for ordering the prosecution to choose between granting use immunity and another sanction. See Earl v. United States‚ 361 F.2d 531‚ 534 n.1 (D.C. Cir. 1966) (suggesting prosecution cannot grant transactional immunity to
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programs prosecutors provide victims with emotional support‚ information regarding the criminal justice system‚ and referrals to social service and legal assistance organizations in effort to promote the victim’s willingness to participate in the prosecution of cases (State of Nevada Advisory Council for Prosecuting ‚ 2006). I will not say that victim witness programs are a waste of time and resources‚ however I do not think they are necessary. I do not think they are necessary because many domestic
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`There is little point in using the general term ‘European witch-hunt’. It is misleading as it implies that a common pattern of witchcraft causation and prosecution existed throughout European Society‚ where none‚ in fact existed.` How far do you agree with this view of the witchcraft persecutions in Europe 1450-1650? The “European Witch Hunts” of early modern Europe have been subject to much speculation and historical interpretation since their peak period‚ between the late 15th and 17th century
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