The investigation of crime is one area in which the South African Police Service is measured on. There is no doubt that poor application of investigation methods results in acquittal of criminals or, at worst, failing to identify the perpetrator. In murder cases, the response from the communities who are directly affected is usually unpleasant and intolerable. This is so because murder is a crime against human life. One death in the family will have significant, undesirable implications to the family involved and, to a certain extent, the community. Violent crime such as murder has a negative effect, not only on the family who has lost the loved one, but also has a severe direct impact on the economy. For instance, no potential investors would want to associate themselves with a country where the incidence of violent crimes has become the norm and where the government appears to be reluctant to take tangible actions to remedy the situation. For years, the South African Police Service applied one methodology in murder investigations, even though their crime statistics showed that this type of crime was constantly increasing and required drastic steps to curb it. This study gives a detailed analysis of the prosecution-led investigation model and its feasibility in murder cases. This research was conducted on the basis that this model appears to work successfully in commercial crimes, judging by the conviction rates reported annually by the National Prosecuting Authority. The study discusses the current investigation model used by the South African Police Service in the investigation of murder and compares it to an intelligence-led investigation model. It then examines the meaning of the prosecution-led investigation. Finally, international experiences in terms of criminal investigation and prosecution procedures are discussed and compared with those of South Africa. The researcher explored the models from the selected countries and interviews conducted were used as a foundation for describing and explaining the future application of the findings emanating from this research. Using the qualitative approach, data was gathered by means of a literature review and qualitative interviews with the sampled participants to answer the research questions. The researcher is of the view that this study (analysing the prosecution-led investigation model in murder cases) presents a significant contribution to the development of practical guidelines that can be used to effectively and efficiently investigate murder cases. / Police Practice / D. Phil. (Criminal Justice)

The process of investigation, which begins when a crime is reported and ends after a suspect has been convicted or discharged by a court of law, is a mammoth task which requires cooperation between various stakeholders, such as investigators and prosecutors. The purpose of this study was to determine the role of the specialized commercial crime investigators in the prosecution process. The study evaluated and explored the status of the current roles played by these investigators with the intention of recommending changes that could improve investigator practice. Two research questions were posed. First, the researcher endeavoured to find answers to a question regarding what the prosecution process entails. Secondly, the researcher sought to establish the roles of the specialised commercial crime investigator in the prosecution process. It was envisaged that the answers to these questions could be obtained from specialised commercial crime investigators and prosecutors deployed in the commercial crimes courts. On this basis two samples were chosen, with nine investigators from the Gauteng North office of the Specialised Commercial Crimes Unit and four prosecutors from the Specialised Commercial Crimes Court in Gauteng North. Some of the findings were that the investigators in trying to fulfil their roles of investigations have an adverse impact on the investigation and successful prosecution of offenders, which in turn lead to recidivism and apathy among the communities being served by the police and the justice system in general. The image of the police, particularly that of the commercial crime investigators, is often negated and the justice system is portrayed as a failure in addressing the problem of crime. The conclusions drawn from the data were that the roles of investigators in the prosecution process are mandatory as they are legislated rather that persuasive and that investigators cannot rely on prosecutors to handle all aspects of investigation once a case has been handed over to the prosecution. Apart from a lack of knowledge about these roles, it was established that some investigators deliberately ignore their roles in this relationship. It is proposed that dedicated training should be afforded to investigators and prosecutors above their existing training, with a focus on how to take part in the prosecution process. Investigators should be informed that their responsibilities in the prosecution process are a result of legislation and that failure to satisfy the legislation will carry adverse consequences for the investigation itself, the prosecution and the other stakeholders. / Criminal and Procedural Law / M.Tech. (Forensic Investigations)