Thesis (LLM. (Development and management law)) --University of Limpopo, 2010 / This study probes the topical issue of prosecutorial independence in post 1994 South Africa in order to begin to determine how the new democratic constitutional dispensation has and should have affected the independence of our prosecutors. It also explores, albeit introductorily, the intersection of prosecutorial and judicial independence by suggesting that the much vaunted judicial independence in South Africa can prove mythical if prosecutorial independence is not vigorously and unflinchingly championed. The study also looks into what role accountability plays both as a pro and a con for prosecutorial independence within the parameters of the rule of law. Furthermore a comparative analysis of some fellow Commonwealth of Nations jurisprudences is embarked upon with a view to see what lessons can be learned and which prosecutorial approach tutorials are worth bunking. With a critical approach which is historical, contemporary and contextual, the study goes on to marry South African legal instruments, prosecutorial policies and other relevant literary insights to contemporary intersections ,interactions and frictions between law and politics in South Africa. The study seeks to begin to suggest a rule of law based but reasonably accountable prosecutorial approach for this country.

published_or_final_version / Public Administration / Master / Master of Social Sciences

In order to improve responses to sexual assaults so that fewer cases drop out of the criminal justice funnel, it is important to understand the decision-making processes of the police and prosecutors in these cases. The focal concerns perspective posits that legal and extralegal variables factor into the police and prosecutors' decisions about how to proceed with sexual assault cases. Although decisions made at the prosecutorial stage are largely reliant on the actions of the police, the prosecutors' charging decisions often differ from how the police classify the incidents. This study examined 11 years of adult sexual assault incidents reported to the police in a Midwestern city to determine the level of congruence in the charging decisions made by the police and prosecutors. Unique from past research, this study used a mixed methods approach to analyze the data from police reports and court documents. Quantitative data examined the extent to which charging decisions were congruent between the police and prosecutors and assessed which factors in sexual assault cases predict the agreement in police and prosecutors' charging decisions. Qualitative data was used to determine which factors were cited most frequently within sexual assault case documents in congruent and incongruent cases. The quantitative analysis revealed that the police and prosecutors' decisions were in agreement in 34% of the cases, and distinct from prior research, the only statistically significant predictors of congruent charges were legally-relevant variables. Findings from the qualitative analysis mirrored those from the quantitative analysis, as legally-relevant characteristics such as the amount of evidence collected and the use of physical force were cited more frequently in congruent cases than incongruent cases. Overall, the results suggest that the focal concerns of the police and prosecutors in this study revolve primarily around the level of evidence available in sexual assault cases. Implications resulting from these findings are discussed.

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The purpose of this study was to gain a better understanding of perceptions crime victims have of the San Bernardino County District Attorney's Office. This project focused on crime victims' perceptions of communication channels and service delivery at the San Bernardino County District Attorney's Office. This research is based on a victim survey used for primary data collection.