An analysis of the prosecution-led investigation model in murder cases

Abstract

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.