SJD1501

Student number: 18431526

Assignment 5 – The trial and post-trial phase

1.

In the trial phase of the criminal jus ce system, several key role-players are involved, each with
dis nct responsibili es:

1. Prosecutor: The prosecutor represents the government and is responsible for presen ng the
case against the defendant. They gather evidence, interview witnesses, and argue before the
court that the defendant is guilty of the charges.

2. Defence A orney: The defence a orney represents the defendant and advocates for their
rights and interests. They challenge the prosecu on's case, cross-examine witnesses, and
present evidence or arguments in favour of the defendant's innocence.

3. Judge: The judge presides over the trial, ensuring that proper legal procedures are followed
and making rulings on eviden ary ma ers and objec ons raised by both the prosecu on and
defence. The judge also instructs the jury on the law applicable to the case and ul mately
decides on legal issues.

4. Jury: In cases where a jury trial is conducted, the jury is responsible for determining the
defendant's guilt or innocence based on the evidence presented during the trial. Jurors listen
to tes mony, evaluate evidence, and deliberate to reach a verdict.

5. Witnesses: Witnesses provide tes mony or evidence relevant to the case. They may be
called by the prosecu on, defence, or the court itself to tes fy about what they know or
have observed regarding the alleged crime.

In the post-trial phase, if the defendant is found guilty, addi onal role-players become involved in the
sentencing and appeals processes:

1. Proba on Officer: If the defendant is sentenced to proba on, a proba on officer supervises
them during the proba onary period, ensuring they comply with court-ordered condi ons
and providing support and guidance to help them rehabilitate.

2. Parole Officer: If the defendant is sentenced to prison and later released on parole, a parole
officer monitors their behaviour in the community, helps them reintegrate into society, and
ensures compliance with parole condi ons.

3. Appellate Court Judges: If the defendant appeals their convic on or sentence, appellate
court judges review the trial record and legal arguments to determine whether any errors
occurred during the trial that warrant a new trial or a change in the outcome.

4. Prison Officials: While not directly involved in the legal proceedings, prison officials oversee
the incarcera on of convicted individuals, ensuring their safety and security while in custody
and facilita ng access to programs aimed at rehabilita on.
These role-players work together within the criminal jus ce system to ensure fair and just outcomes
for defendants while upholding the principles of law and order.

2.

To iden fy the primary and secondary vic ms in these two cases, we need to consider the impact
and harm experienced by individuals involved.

In the context of criminal law, the primary vic m is typically the individual directly targeted or
affected by the criminal act. This could include physical harm, emo onal trauma, or financial loss. On
the other hand, secondary vic ms are those who suffer as a result of the primary vic m's
experience, such as family members, friends, or witnesses.

In Case 1, the primary vic m could be the person directly assaulted or harmed. This individual would
have experienced the direct physical or emo onal consequences of the crime. Secondary vic ms
might include family members who witnessed the a ermath of the crime or who were emo onally
impacted by the suffering of the primary vic m.

In Case 2, the primary vic m could be the individual who suffered financial loss due to fraud or the .
This person directly experienced the harm caused by the criminal act. Secondary vic ms in this case
might include employees who lost their jobs as a result of the financial impact on the company, or
customers who were also affected by the fraudulent ac vi es.

It's important to note that the classifica on of primary and secondary vic ms can vary depending on
the specific circumstances of each case and the legal jurisdic on. Addi onally, the concept of
vic mology acknowledges that individuals can experience mul ple roles within the vic m-offender
rela onship, and the impact of crime can have ripple effects throughout communi es.

3.

Vic m impact statements hold significant value in the sentencing process, as they provide an
opportunity for the vic m or their representa ves to express the emo onal, physical, and financial
impact of the crime. These statements can be made by the vic m, their family members, or other
individuals affected by the crime. The statements contribute to the outcome of possible sentencing
in several ways:

 Humanizing the Impact: Vic m impact statements humanize the impact of the crime by providing a
personal account of the harm caused. This can influence the judge or jury to consider the real-life
consequences of the offense.

 Emo onal Impact: By conveying the emo onal toll of the crime, these statements can evoke
empathy and understanding from the court, poten ally influencing the severity of the sentence.

 Financial and Physical Impact: Vic ms can outline the financial and physical repercussions of the
crime, such as medical expenses, loss of income, or trauma. This informa on can help the court
understand the full extent of the harm caused.
 Res tu on and Compensa on: Vic m impact statements can also inform the court about the
res tu on or compensa on that the vic m may require, aiding in the determina on of appropriate
repara ons by the offender.

 Closure and Healing: Allowing vic ms to express their experiences through these statements can
contribute to their sense of closure and healing, acknowledging their suffering and providing them
with a voice in the legal process.

In summary, vic m impact statements play a crucial role in the sentencing process by providing a
comprehensive understanding of the harm caused by the crime, addressing the emo onal and
financial impact on the vic m, and influencing the court's decision regarding the appropriate
sentencing and res tu on.