Chapter 13 - Trial Courts Flashcards
What is required in the regional court when an accused is charged with murder ?
In the regional court, it is peremptory that the judicial officer summon two assessors to assist them unless the accused requests that the trial proceed without assessors.
What happens if the judicial officer does not comply with the requirement of summoning assessors ?
- Non-compliance with this provision is considered grossly irregular and constitutes a failure of justice.
- If the assessors are not summoned and the trial continues without them, the conviction or sentence must be set aside, as the court is not properly constituted.
What factors should the judicial officer consider in assessing the need for assessors ?
- The cultural, social, and educational background of the accused.
- The nature and seriousness of the offense.
- The interests of the community in the adjudication of the matter.
How are decisions on issues of fact made when there are assessors ?
- When there are two assessors, the majority can outvote the judge.
- If there is only one assessor, the judge’s decision prevails.
What happens if an assessor dies or becomes unable to act during the trial ?
If an assessor dies or becomes unable to act at any time during the trial, the presiding judge may direct the proceedings to begin de novo (from the beginning).
What is the general rule regarding communication between the presiding judicial officer and the parties in a case ?
The presiding judicial officer should have no communication with either party except in the presence of the other party.
What should a magistrate or judge do if they are aware of any feeling of partiality or enmity ?
If a magistrate or judge is aware that they have any feeling of partiality, enmity, or any motive that might influence their decision, they should recuse themselves mero motu (on their own initiative) and ensure a substitute judicial officer is appointed to try the matter.
