NAME: BABOLOKI KAGISO

STUDENT ID: 01192165212

PROGRAMME; BACHELOR OF ARTS IN LAW AND PUBLIC ADMINISTRATION

MODULE: RESEARCH METHODS

DUE DATE: 23/11/2020

LECTURE: MR ZHOU

GROUP B (PROGRESSION CLASS)

Topic: An evaluation of the bail system in the Botswana Courts: High Court

Background of the Study

The purpose of this paper is to give an analysis of the current situation, problems and
effective countermeasures in relation to the protection of victims because of bail being
granted to serious offenders. In its earliest beginnings, the system of Botswana law
rested upon protection of victims and community involvement in the solution of conflicts.
Most penal sanctions were therefore directed towards compensation and restitution for
the victim. Over the past few decades however, the role of the victim became
increasingly marginalized with the evolution of the modern system of justice and the
increasing complexities of society. During this time crime was stolen from the victim and
became the property of the state.In America bail is not just a matter of abstract criminal
justice policy, but a practice with real effects on real people. Indeed, these accounts demonstrate
that the story of bail is one of poverty, inequality, and haste. It is also a tale of important
constitutional rights lost and judicial discretion misused. And importantly, bail is the single most
preventable cause of mass incarceration in America. America is one of only two countries in the
world that requires individuals to pay money to be released on bail awaiting trial. In most
countries in the world, it is a constitutional right for most defendants to be released on bail
awaiting trial. And even in America, the right to bail historically and constitutionally was
available not just for the wealthy. The purpose of bail is simply to ensure that
defendants will appear for trial and all pretrial hearings for which they must be present.
Bail is returned to defendants when their trial is over, in some states minus a processing
fee. When applying for bail in South Africa the accused must convince the judge or
magistrate that they will not run away, not be a danger to others, will not any commit
further crime, and will not intimidate any witness in the case.If an accused is released
on bail they will receive a written notice. This notice will inform the accused of the
pending court appearance and indicate the day and the time that they are required to
appear in court. The written notice will also outline any conditions, if any, such as the
accused must report to the police station every week.

Research problem

Bail is being granted to serious offenders and thus lead to victims suffers and affected
emotionally.

Statement of the Problem

The main concern is that accused people who have committed offences several times
are given bail and thus put the life of victim at danger. We know that bail is not a
discretionary remedy but the courts in Botswana should look in this matter by making
sure those serious offenders does not granted bail. When granting bail to those accused
people they can repeat the same offence and takes the life of victims because they are
being given chance again.

Research Objectives

 To evaluate the bail system in the courts of Botswana.

 To find the effects of absconding while on bail.
 To assess whether bail granted to the accused person does not inflict with the
ongoing investigations.
 To determine the ways or methods in which bail granted is based on.

Research Questions

 How is the bail system conducted in Botswana?

 What are the effects of absconding while on bail?
 Does granting bail to accused person not inflict with the ongoing investigations?
 What are the methods of granting bail based on?

Significance of the study

Students

The research is important for the students because it helps them to have a detailed
analysis of everything. When you have a proper in-depth analysis of any topic, the result
comes out to be fruitful and also the knowledge is enhanced. The research helps in
clarifying the complicated facts and figures. If the student has any doubt on the subject,
the student must research and study it in detail so as to remove all sorts of confusion
and get a proper understanding of the content. The students also get to know their area
of interest. Sometimes, the students aspire to become researchers only in their near
future which is quite helpful. So, through this, we come to know that the research not
only helps with the accomplishment of the work but also helps in understanding what
needs to be done in their future.

Stakeholders

Some stakeholders will have considerable influence over the project and its outcomes
either by directly controlling resources or key decisions or because they are central to
successful project implementation. By considering and mapping the different
stakeholders according to their level of influence and interest they can plan how they
will manage and prioritise our engagement with them. This approach can also be helpful
in considering how you communicate with your different stakeholders. When mapping
stakeholders in this way, it is helpful to flag which are supporters and which are critical
of the project. Critics, particularly those with high influence need to have their views
acknowledged in order to avoid conflict. One way of doing this is to invite them to join
the project steering group. . (Given, editor, Lisa M. (2008). 

University

Research discovers, elucidates and evaluates new knowledge, ideas, and the
technologies essential in driving the future of society and humanity. Without research, a
relevant and modern curriculum does not exist. Research fosters professional
excellence in faculty, important for delivering outstanding student education and
training. When our next generation of practitioners and leaders (students) engage in
research, with its deliberate process and requirements for critical thinking skills, they
become better students and are best prepared for the challenges and opportunities of
the future. Research is an opportunity to make a difference and it is open to everyone
and thrives on a diversity of approaches and perspectives. Regionally, nationally and
internationally, our research activities and services have critical economic, societal and
environmental impacts. (Turocy, P. S. (2002).

Sponsors
Research is more important to sponsors because it gains the attention of potential
investors, and in particular private investors. We have a differentiated strategy to target
private investors as it improves the trading liquidity of the company and thereby allow
larger investors to purchase a position without causing a material change in the share
price. Research also provides an external, independent assessment of the company
and the competitive landscape and reward company management for their hard work.
(Turocy, P. S. (2002).

Limitations of Study

Lack of available and/or reliable data 

Lack of data or of reliable data made me to limit the scope of analysis, the size of
sample, or it can be a significant obstacle in finding and meaningful information. The
need to not only describes these limitations but to offer reasons why I believe data is
missing or is unreliable. However, to overcome this challenge of lack of information, I
should make sure that I stick to those with higher positions who understand law so that
they can dig and give me useful information.

Denied access to the place due to Covid 19

Since the breakdown of covid 19, the courts have decided to limit people from entering
since it’s a protocol and thus made my project to suffer. Denied access has made the
research to suffer because collecting data end up being slow. To overcome this
challenge I have to make sure that I organize with the management has to issue me
with a permit that I will use whenever I want to collect data without any limitations.

Delimitations of Study
I have decided to carry or conduct out my research at Botswana High Court, Gaborone
because I am staying near the place. My research will again be based at High Court
because I will not use a lot of money in a day to collect data, even the staff of High court
has a maturity level and they are always open to accommodate guests anytime. High
court is a chosen place since it has been divided by many legal sectors that will enable
my study to be successful since it has more population or workers when compared to
other courts. Again conducting my research at High Court will give me an opportunity to
meet different people dealing with different types of law cases like lawyers since some
do litigation, civil and criminal cases that are in accordance with the bail system.

Literature review

Bail is written permission from a court, allowing a person charged with a

criminal offence to be out of jail while they wait for their trial, or some other result in
their case. Under the Botswana laws, victims are protected from offenders through
tough bail conditions. Persons charged with murder, rape and treason cannot be
admitted for bail. The seriousness of these offences and their impact on the victim is
taken into consideration. (Jacqueline D. Lipton (2010)

Bail is a fundamental aspect of the criminal justice system, the community was hard
pressed to understand how alleged robbers, rapists and murderers could be unleashed
on it by the courts.Eventhough t bail is granted even as members of the public attend
the proceedings and show their anger upon the first appearances of dangerous
criminals. “Unfortunately these messages play no role in swaying the mind of the
presiding (judicial) officer who is burdened with deciding whether or not to grant bail to
the accused, “The public has to understand that the principles which guide the court in
considering an application for bail are basically the presumption that an accused is
innocent until proven guilty and the likelihood of him absconding if granted bail.
( (Jacqueline D. Lipton (2010)

Principles of bail application that were considered have been advanced in the
celebrated case of Magosi vs. the State. These included the nature of the charge, the
character of the applicant and the strength of prosecution’s case. The conference learnt
that the Criminal Procedure and Evidence Act regulate the criminal justice system in
Botswana. Generally, the law provides for instances when a person suspected of having
committed an offence or charged with an offence may be remanded in custody or
released on bail such that everyone who is arrested for allegedly committing an offence
has the right to be released from detention if the interests of justice permit but subject to
reasonable conditions.( Oliver Wendell Holmes. (2010)

Grounds of granting bail

At the time of deciding the application seeking bail, the Court should look at the prima
facie material available and should not go into the merits of the case by appreciation of
evidence. At the time of grant or denial of bail in respect of a non-bailable offence, the
primary consideration is the nature and gravity of the offence. While adjudicating bail
applications, the Courts should only go into the question of prima facie case established
for granting bail. The Court cannot go into the question of credibility and reliability of the
witnesses put up by the prosecution. The question of credibility and reliability of
prosecution witnesses can only be tested during the trial. stated few factors to be taken
into consideration, before granting bail, namely:

i) The nature of accusation and the severity of punishment in case of conviction

and the nature of supporting evidence;
ii) ii) Reasonable apprehension of tampering of the witness or apprehension of
threat to the complainant;
iii) iii) Prima facie satisfaction of the Court in support of the charge.

Outcomes of absconding while on bail

Abscondingmeansto run away, especially from the jurisdiction of a court. It may be an of
fence in its own right as where the absconder is on bail and fails to surrender to custody 
or tries to escape the consequences of insolvency.In the event that the accused fails to
appear and answer his or her bail, there are three main consequences of such actions:
 the surety is forfeited
 if the accused is apprehended and is in the custody of the police, there is a
likelihood that the person will unlikely be granted bail again
 the action of absconding can be used as evidence at trial.

Research Methodology

Approach

In this study the approach that I found out suitable and complex is Qualitative methods.
Qualitative research is defined as a market research method that focuses on obtaining
data through open-ended and conversational communication. Examples of qualitative
methods I am going to use are depth interviews and focus group discussion. (Gill, P.,
Stewart, K., Treasure, E., & Chadwick, B. (2008).

Depth interviews

Is an example of qualitative method that involves an unstructured

personal interview with a single respondent, conducted by a highly skilled interviewer.
The purpose of in-depth interviews is to understand the underlying motivations, beliefs,
attitudes, and feelings of respondents on a particular subject. (Nicholl, H. (2010)

Focus group discussion

 A focus group discussion involves gathering people from similar backgrounds or

experiences together to discuss a specific topic of interest. It is a form of qualitative
research where questions are asked about their perceptions attitudes, beliefs, opinion
or ideas. In focus group discussion participants are free to talk with other group
members; unlike other research methods it encourages discussions with other
participants. It generally involves group interviewing in which a small group of usually 8
to 12 people. It is led by a moderator (interviewer) in a loosely structured discussion of
various topics of interest. (Christensen, Burke Johnson, Larry. (2012)

Population of study
During the time of collecting data there are those people that I prefer them at the high
court to assist me with relevant information. The people I will be targeting for my own
research include the Judges, bench clerks, court reporters, registrar of the high court
and clerk of courts.

Sampling methods

Sampling is a method that allows researchers to infer information about a population

based on results from a subset of the population, without having to investigate every
individual. In probability (random) sampling, you start with a complete sampling frame
of all eligible individuals from which you select your sample. In this research I will be
using non probability methods to collect data. On-probability sampling is
a sampling technique where the odds of any member being selected for a sample
cannot be calculated. In addition, probability sampling involves random selection,
while non-probability sampling does not it relies on the subjective judgement of the
researcher. Under non probability I choose a convenience sampling since it goes well
with my research and it is related to the kind of the study I am doing.( Given, editor, Lisa
M. (2008). 

Convenience Sampling

A convenience sample is a type of non-probability sampling method where the sample

is taken from a group of people easy to contact or to reach. For example, standing at a
mall or a grocery store and asking people to answer questions would be an example of
a convenience sample. This type of sampling is also known as grab sampling or
availability sampling. There are no other criteria to the sampling method except that
people be available and willing to participate. In addition, this type of sampling method
does not require that a simple random sample is generated, since the only criterion is
whether the participants agree to participate. Convenience sampling can be used by
almost anyone and has been around for generations. One of the reasons that it is most
often used is due to the numerous advantages it provides. This method is extremely
speedy, easy, readily available, and cost effective, causing it to be an attractive option
to most researchers. (Wright, Julius Sim, Chris (2002). 

Even though convenience sampling can be easy to obtain, its disadvantages usually
outweigh the advantages. This sampling technique may be more appropriate for one
type of study and less for another. The results of the convenience sampling cannot be
generalized to the target population because of the potential bias of the sampling
technique due to under-representation of subgroups in the sample in comparison to
the population of interest. The bias of the sample cannot be measured. Therefore,
inferences based on the convenience sampling should be made only about the sample
itself. (Saunders, M; Lewis, P; Thornhill, A (2012). 
REFERENCES

 Saunders, M; Lewis, P; Thornhill, A (2012). Research Methods for Business

Students (6th edition.)
 Jacqueline D. Lipton (2010).Legal Handbook for writer
 Oliver, W.(2010).Associate Justice of Supreme Court
 Wright, Julius Sim, Chris (2002). Research in health care: concepts, designs and
methods (Reprinted. ed.). Cheltenham: N. Thornes
 Given, editor, Lisa M. (2008). The Sage encyclopedia of qualitative research
methods. Los Angeles, Calif.: Sage Publications
 Christensen, Burke Johnson, Larry (2012). Educational research: quantitative,
qualitative, and mixed approaches (4th ed.). Thousand Oaks, Calif.: SAGE
Publications
 Nicholl, H. (2010). Diaries as a method of data collection in research. Paediatric
Nursing, 22(7), 16 -20.
 Gill, P., Stewart, K., Treasure, E., & Chadwick, B. (2008). Methods of data
collection in qualitative research: Interviews and focus groups. British Dental
Journal, 204, 291295
 Turocy, P. S. (2002). Survey research in athletic training: The scientific method of
development and implementation. Journal of Athletic Training, 37(4), 174-179.
 Turocy, P. S. (2002). Pretesting survey instruments: An overview of cognitive
methods. Quality of Life Research