1. In a town called Peace Land, the supporters of the Fiesta football team learn
that the supporters of the Jubilee football team in the nearby city about 40 km
away have damaged the ground on which the Final between both teams is to be held
the following day. A crowd of Fiesta fans armed with deadly weapons attacks the
homes of the supporters of the Jubilee football team in the town. In the attack,
10 men are killed, 5 women are gravely hurt, many homes are destroyed and over
50 people injured.
Imagine that you and your classmates are now part of the criminal justice
system. First divide the class into the following four groups of persons:
1. Police 2. Public Prosecutor 3. Defence lawyer 4. Judge
The column on the right provides a list of functions. Match these with the roles
that are listed on the left. Have each group pick the functions that it needs to
perform to bring justice to those who were affected by the violence of the
Fiesta fans. In what order, will these functions be performed?
Roles Functions
Police Public prosecutor Defence Lawyer Judge
hear the witnesses
record the statements of witnesses
cross examine the witnesses
take photographs of burnt homes
record the evidence
arrest the Fiesta fans
writes the judgment
argue the case for the victims
decide for how many years the accused will be put in jail
examine the witnesses in court
pass the judgment
get the assaulted women medically examined
conduct a fair trial
Meet the accused persons
Answer
Police: record the statements of witnesses; take photographs of burnt homes;
arrest the Fiesta fans; get the assaulted women medically examined.
Public Prosecutor: cross examine the witnesses; examine the witnesses in court;
argue the case for the
victims.
Defence Lawyer: cross examine the witnesses; meet the accused persons; examine
the witness in court.
Judge: hear the witness; writes the judgment; decide for how many years the
accused will be put in jail; pass the judgment.
The victims would not get justice if only one person performed all of the
functions of the criminal justice system because a separation of powers is
necessary within a judicial system too since absolute power can never be fair.
Different persons need to play different roles as part of the criminal justice
system because: one, all
aspects of an investigation and trial cannot be conducted by one person alone as
they entail diverse kinds of work including, arrests, recording of witness
statements, defence of accused and victims' parties, passing of a fair trial and
a judicially correct judgment. Two, if all these powers are vested in one person
alone, they might be misused and will thereby violate the rule of law based on
equal and just decisions.