Criminal procedure exam 1

  • Where can one find the source of criminal procedure law in South Africa?

    Sources.
    The sources of South African criminal procedure lie in the Constitution, the Criminal Procedure Act, 1977 (CPA), other statute law (for example, the Magistrates' Courts Act, 1944, the Supreme Court Act, 1959 and the Drugs and Drug Trafficking Act, 1992) and the common law..

  • Each state decides what conduct to designate a crime.
    As such, each state has its own criminal code.
    Congress has also chosen to punish certain conduct, codifying federal criminal law in Title 18 of the U.S.
    Code.
    Criminal laws vary significantly among the states and the federal government.

What is a preliminary examination in a criminal case?

A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School

The hearing does not determine the guilt of the defendant

Many criminal cases have preliminary examinations before the trial

What is Criminal Procedure?

Criminal procedure addresses the procedures involved in the investigation, detection, and prosecution of criminal offenses

must prove at trial

To convict a defendant, the prosecutor is required to prove the required criminal intent and criminal act and resulting harm beyond a REASONABLE DOUBT

and what it means

What is the difference between substantive and Criminal Procedure?

Substantive defines the factual elements of criminal offenses

Substantive defines the factual elements of criminal offenses

Criminal procedure addresses the procedures involved in the investigation, detection, and prosecution of criminal offenses

must prove at trial

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