Brenda Wardle's Blog, page 2

The Great Countdown Has Begun

That relentless pursuit for perfection has cost me one sleepless night too many. Currently though the butterflies are buzzing in my belly and adrenalin is surging ahead, uncontrolled, through each physiological and imaginary vein.

My crowdfunding campaign comes to an end in a few days and I am courageously convinced that I shall have reached the targeted 250 pre-orders by the end date. This journey has been long. This journey has been arduous and I suppose if I had finances freely available, the joy of seeing this project come to its final conclusion would not have been as worthwhile.

It could of course have been much better, much brighter but I had to settle on dishing up what I can truly afford. Nothing shall remain the same after the Cinematic Book Trailer Premiere of To Kill A Kill A Fragile Rose: The State's Case Against Oscar Leonard Carl Pistorius. People will be discussing the book, its angle and revelations for months after its launch. Never again shall the South African legal system be viewed from a vantage point of blind ignorance.

The book trailer is destined to be the best ever produced for a locally-written book. In a few days I shall receive the list of all the people who have won free copies of my book. The Book Launch is around the corner so pardon me if I can't quite sit still.

And then the big names will be revealed in the build-up to the launch. I am grateful even to those I could not afford to use.

https://publishizer.com/to-kill-a-fra...

The Relentless Pursuit of My Passion For Writing

The past year has been somewhat of a roller-coaster ride. After a few live crossings to London analyzing the Oscar Pistorius trial, my mind was made up. I had to write and publish a book. The title chose itself - To Kill A Fragile Rose: The State's Case Against Oscar Leonard Carl Pistorius. I was determined to relentlessly pursue my passion. I was after all fascinated by law, interpretation of statutes, legal philosophy, forensic medicine and that complex science of law known as inferential reasoning. I was never a fan of jigsaw puzzles, they were too pre-determined, too predictable, boring.

Piecing together pieces of circumstantial evidence until a solid whole emerged formed the very basis of my fascination with law. I listen with three ears instead of two. I listen to what is being said and to what is not being said. I pierce holes where none were previously apparent. I have the knack to reduce that to intelligible, yet easy to understand arguments.

The Pistorius case fell within my chosen area of research, 'The Presumption of Innocence and The Burden Of Proof in Criminal Procedure In The South African Context'. It was to be an arduous journey, a journey which, after all is been said and done requires investment, financial investment, emotional investment and spiritual maturity if not readiness. I had no intention to write a book which would never see the light of day. A book which would lie dormant. One which would not make a difference. A book which would not encourage robust legal debate.

Embarking on the self-publishing journey appeared scary to say the least, but the more I wrote and the more I re-read what I had written, the more my resolve strengthened to see the project to its ultimate conclusion. I suppose that to many others I am nothing but a dreamer, perhaps a hopeless romantic in love with her own work and as self-destructive as that might sound, those detractors would not be too far off the mark.

I am left with just a little over two weeks on my crowdfunding campaign. The price of the books on pre-order was set in Dollars and with the fledgling price of the Rand in relation to the Dollar, things were set to become tricky. The book could (in fact still can be pre-ordered) either as a PDF, an eBook, a print copy or two copies ranging from the equivalent of approximately R84 for a PDF copy to R840 for two hard-cover, autographed books plus an eBook. R84.00, if truth be told, is not much in the grander scheme of things. After all, one could get a cheap bottle of wine for the same price. But, it is the individual who decides what to invest, spend or even waste their money on.

So I have woken up lately, in the still of the night, wondering what I would do if the book does not sell at all. That little voice inside my head comforts me each time. Many, who will read the book will appreciate what it has to offer and I am confident that the word will spread. I realized today that in fact, despite the fact that I would be elated if my book (one of millions of books on the earth), were to become a bestseller, I would celebrate if it sells pretty well but, I also realized that I have reached a point where I do not quite care about what happens to the sales figures.

If at least two libraries in all countries of the world can have a copy of the book on their shelves, my main aim would have been accomplished. The contents of the book should leave readers wiser. The book itself must promote engagement. For like a complex painting, I truly regard this book as a work of art. I am eternally grateful to those who have pre-ordered. I respect those who have opted not to.

To other authors, writers, poets who fear taking the plunge - it is worth every waking moment. Nothing will be as exciting as touching the first hard-cover copy. For now, the crib is being readied for the arrival of this baby. There'll be the proverbial bells and whistles. Perhaps, 100 years from now, someone sitting in a library in a faraway land will be dusting off the dirt and wiping the cover, marveling at a gem which might never make the headlines nor top any bestseller list.

That is the beauty of any form of art, for to me, writing is indeed a fine art. I say this whilst relentlessly pursuing my passion.

Birthday Celebration

I'm 55 today and I'm super-excited. The formal birthday party is tomorrow. 30th January will be the Book Trailer Premiere and Launch. So exciting times ahead. Please help me celebrate my birthday by pre-ordering my book here >>

https://publishizer.com/to-kill-a-fra...

The support will be appreciated.

Stop Snorting You Bugger

Stop snorting you bugger
This life is a rudder

You're cajoling the gutter
Can't even speak so you stutter

You spike and you drool
Mouth agape you're a fool

You're riding the waves
Controlled by your craves

Stop guzzling you sucker
Blowing smoke from your dagga

So they told you you'll fly
Oh what a bloody fat lie

You've rubbished the womb
Choosing rather the tomb

I'm told it's an illness
But forgive my insistence

Awaken oh you coward
We all but move forward
Shake yourself bloody liar
For your problems grow higher

Run away oh you bugger
When the world sees you suffer
Take control someone's father
Or a mother or brother

Resist all temptations you sister, you mister
Find your strength perfect lover
And conquer all others.....

Stop snorting you bugger
This life is a rudder ....

Please support my crowdfunding campaign here

https://publishizer.com/to-kill-a-fra...

Wait....

Wait .... this dream
My conscience says scream

Wait ... this nightmare
It's ugly ... no fanfare

Wait ... the sweat on my palms
I'm reciting the psalms

Wait ... the scariest of thoughts
Though each time I fought

Wait ... I'm rattled I'm trembling
The pain is so wrenching

Wait... I'm rattled
Oh here comes a tremor
A bolt of old lightning
No succor nor splendour

Wait oh you horror ...you're hated .. so horrid
I'm tossing .. I'm turning
I'm flustered ...I'm burning

I convulse from deep prayer
Begone you soothsayer

Wait ... I'm done ..and forgiven
Off you go ...you devil you, heathen

I'm free of your demons your stealth & your say
Soon someone through trickery will lead you astray

Begone face of evil
So many an upheaval
I'm cleansed, I'm pure
I'm focussed, I'm sure

Descend to your darkness
Ply evil you're heartless

I'm free of your demons your stealth & your say
Soon someone through trickery will lead you astray

Wait .. To hear you spirit most vile
I cancelled your curse & excreted your bile

Wait .. Light has entered
My life in purity is centered!

Wait!

Written 9th January 2016 21:46

Kindly support my crowd-funding campaign here

https://publishizer.com/to-kill-a-fra...

Website: www.brendawardle.com

These Butterflies In My Head

They pranced around, regal and bright ....
Fluttered about, silly and light
They danced about dainty and white
Floated about, fragile just right

They played around wondrous and free
Strayed around even resting on trees

They swirled in my tummy
Left me light-headed & funny
Passed by my heart
Left it smiling and sunny

They kissed my soft lips
Left it sweet just like honey
Flew up to my mind
Left me giddy and starry

A smile coursed my lips
My heart took a skip
My breathe took a sigh
And instinctively 'was high

These butterflies in my head
These birds in my ears
The sunrise has lead
The rain dissolving my fears

These butterflies in my head
Like a beautiful, sensuous poem, just read!

Written 18:52 Saturday 9 Jan 2015
Support my crowdfunding campaign here
https://publishizer.com/to-kill-a-fra...

After All Is Said & Done, We Are All Part Of The Human Race

The events of the past week in South Africa left me wondering whether there wasn’t something in the weather which affected the behaviour of certain people adversely. If we have regard to the fact that a lack or abundance of insulin was advanced a possible cause, then anything , however hilarious, is possible. If it wasn’t this sad, I would classify it as hilarious.

The race rows got me thinking about my last born daughter, Inez, who, whilst at Buffalo Flats Primary School, set the proverbial cat among the pigeons. It was census time and the teacher was under an obligation to get the statistics right in her class. The teacher (no doubt careful that she does not offend), had asked all the ‘English’ children to stand up. The Coloured children in class all stood up and Inez remained seated. The teacher then asked all the African children to stand. Inez looked around, saw that only the Xhosa-speaking children were standing, and, she remained seated.

The teacher continued and finished her count and asked Inez why she remained sitting. Her response was (and this was related to me by her class teacher), that there were no ‘English’ people in Africa and that further ‘English’ people lived in England. Inez also told the teacher that everyone in class was African so she could not understand why the whole class did not stand up.

The teacher then asked Inez what race her mother was and Inez told the teacher that her mother was Coloured. The teacher wanted to know what race her father was and Inez told her that her father was African because he was Nelson Mandela and lived in Africa. Shocked, the teacher wanted more answers and Inez explained that Madiba was the father of all children in South Africa.

Inez was prodded further and the teacher was becoming somewhat annoyed. The teacher decided to call Mr Goss, the principal. When Mr Goss stepped in Inez was happy. She said yes Mr Goss tell the teacher that a Coloured person who speaks isiXhosa is a Pondo. Mr Goss smiled and left. Inez then told the teacher that the reason Mr Goss didn’t want to entertain the question was because he was a Pondo himself. And so the story was related to me and my other relatives and I was quite excited about Inez’s somewhat complicated interpretation of race.

It was Inez who, whilst a Grade R learner at a school in Umhlanga Rocks, shocked me when I asked her how many White children there were in her class. She told me there was no one who looked like a sheet in her class. According to here there were children but not a single White child. Somehow I felt guilty because it was clear that I was trying to impose my own warped paradigm on my daughter, who it turns out, was the only Black learner in the class.

Day before yesterday I received quite an interesting message on Facebook. Someone, who like myself, is a descendant of among others, European migrants, said she felt like a traitor discussing the issue of race and that she opted not to join the discussions around the Penny Sparrow matter. Whilst I sympathized with her and respected her views, I felt no such internal conflict existed within me at all. My standpoint is clear. Racism must fall.

However, children’s interpretation and cordial conversation aside, what is it that our law says? The point of departure should therefore be that we live in a Constitutional democracy. A democracy which is characterized by, amongst others, the right to human dignity. Human dignity it must be remembered, is a right which cannot be limited. The right to freedom of expression on the other hand, is subject to limitation.

Freedom of expression, as I suspect we all know, is one of the cornerstones of our democracy, especially given the abhorrent past we hail from where people were banned, maimed or even murdered for expressing an opposing view. This brings us to two important concepts being hate speech and free speech.

Hate speech, according to the American Bar Association, is speech which offends, threatens or insults a person, persons or groups based purely on race, colour, religion, national origin or other similar traits. The utterances on social media by Penny Sparrow and others, amounts to hate speech. So apologists like Gareth Cliff who, deliberately, in my view, opt to classify these utterances as free speech (which is the expression of an opinion or thought without fear of reprisals but subject to certain limitations), are fanning the flames of racial intolerance, degradation and insults.

But, do these utterances amount to either crimes at public law or delicts at private law? The simple answer is yes. At law they amount to crimen iniuria which has Roman Law origins. At Roman Law iniuriae referred to specific instances, actions or utterances which amounted to an injustice.

So what Penny Sparrow et al did, was to prejudice the rights of all Black South Africans by equating them to monkeys, apes and animals. Simply put they unlawfully, intentionally and seriously impaired the dignity of Blacks by using racially offensive language.

Are there repercussions for crimes and delicts committed on the Internet? Yes, indeed there are. The transgressor can be sued at private law. An interdict can be applied for compelling them to take down the offending posts and there is a likelihood that they can successfully be prosecuted. There is also the possibility of an award for damages.

We have a precedent where Willis J interdicted a wife for publishing slanderous material about her husband on social media. So whilst in that case it was not racially motivated, it goes to demonstrate that people can be sued for what they say on public platforms. People must thus be very careful.

As we enter this New Year, whilst 2015 was a busy year for me facilitating training on the 2014/2015 amendments to Employment legislation, there is no doubt we will soon be inundated with requests to facilitate training on Change and Diversity Management. The continuing dialogue reminds me of the interesting debates we had when we facilitated Diversity Management training for the entire staff complement at the Johannesburg Fresh Produce Market.

Diversity Training
Race & Ethnic Relations
Change Management

The Lonely Life Of An Indie Author

I started off as a little girl in primary school convinced I would turn the tables on being mocked. I promised myself that I would grow up and become a journalist first and an author later.

I attended John Bisseker Senior Secondary School in East London, South Africa and my poetry adorned the board at the back of the class. My geography teacher, Mr Khandoo was impressed but he insisted that I take the poems down as they couldn't possibly be my work. He suspected that the poems had been written by Nadine Gordimer. Satisfied with this compliment, I took down my poems and went about my business as though nothing had happened.

I left high school with my proverbial tail between my legs. I scraped through matric with a School Leaving certificate meaning that I couldn't enter university. My father was elated as he felt that journalism in Apartheid South Africa would be a risky career choice. The racial complexities of my family didn't help either. So mom, who was a professional nurse, or registered nurse as they were then known, arranged for me to start nursing. I enjoyed the training and sailed through an Integrated Diploma in General Nursing & Midwifery cum laude. My desire to write, temporarily buried.

However, my life took a series of dramatic twists and turns and my late sister, Portia, encouraged me to write my memoirs. She insisted that the book be entitled, Odyssey of A Woman. The news of memoirs written at the tender age of 28 was met with some degree of scepticism, if not scorn and ridicule, but, it didn't stop me from writing the book (in my mind at least).

I met Fred Khumalo in 2001 when he was editor at Sunday World and he insisted that I write. He added that I couldn't claim to be the author of an unwritten book, so I made an effort. The project was subsequently derailed and I abandoned the manuscript. Besides, I was not in the right frame of mind to be penning a book. Fikile Ntsikelelo-Moya was next, he interviewed me on two or three occasions and that project too was adandoned.

In 2014 I was invited by Arise News Networks in London to provide commentary and ongoing legal analysis on the Pistorius trial. The fire in me had been reignited. In some twisted way it felt as though my dream to become a journalist had been realized, albeit in diluted form. I was after all reporting on the trial, albeit with the unique focus on legal aspects.

My writing bug was back. One morning I picked up my computer and started writing my memoirs. Thirteen chapters were dusted in less than a week in what appeared to be one long, emotional and drawn-out 'Dear Diary' session. I passed the manuscript on to a few friends, some were horrified by the contents, others were pleasantly bemused and my closest friend and confidante of many years felt that I had skirted the more dramatic and poignant moments. He further added that the autobiography shone a brutal light on how I was smart at everything but relationships and he suggested I approach the narrative from a different paradigm. My partner was shell-shocked and he suffered a bout of ante-dated jealousy. My professional assistant never quite looked at me the same way thereafter. He was a nervous wreck asking me repeatedly whether I'd really been through all that. I stuffed the manuscript back in a Manila envelope.

I searched the Internet for editors a few months later and stumbled upon an author and ghostwriter. She reviewed the manuscript and advised that I needed to decide what it was that I really wanted in the book so that it was focussed and not a number of books condensed into one. I was happy that she regarded my style of writing as entertaining and intriguing. When I received the quote for the editing, website and publishing I suddenly realized that it was not the kind of money I had. Someone else in publishing asked to pass the manuscript on to someone who was a publisher and ghostwriter and today, two years on, I still await a response. It suddenly struck me that I wasn't quite ready to publish the tell-all book anyway. The wounds are still fresh so it's a project I'll complete soon and keep in a safe for publishing fifty years after I pass on.

But, as I sat in court listening to the case of the State versus paralympian, Oscar Pistorius, I suddenly decided that I had to contribute to the world's understanding of South African law. Besides, I had entered university by virtue of a mature age exemption only to complete three law degrees in three years with twelve modules cum laude. I had in any event set my sites on a Doctor of Laws degree and I wasn't going to sit back and not write.

I made the mistake of sharing my enthusiasm with a journalist and author who, unbeknown to me, was also writing a book on the trial. I didn't give a damn really because I knew that there was probably no other Black female, South African who was going to pen a book on the trial. I was better placed than any other to immerse myself. So when he warned that countless books were being written on the trial, I told him that I would write regardless.

I didn't even bother searching for a traditional publisher because I suspected that I would be given a million reasons why I shouldn't write. Self-publishing was thus my only option and navigating the indie author waters has not been easy. My book needed a cover, it needed to be formatted. I needed to market the book, have the book edited for technical accuracy and thereafter have it edited for grammatical or language proficiency. I was told about typsetting and paragraph alignment. I was even told about drop caps this and indentations that. I was suddenly at sea.

I signed up for free courses on how to market one's book and forging ahead with very little and sometimes no resources led to many sacrifices being made. I decided on the crowd-funding option through www.publishizer.com thinking that 250 pre-orders in 50 days was an easy task but it is not. I needed a professional website and got a great one. I have a few more steps to go before the launch and book trailer premiere on January 29, 2015 but I have no doubt that this labour of love will pay off.

So am I an author? Of course I am. One author out of the millions of authors around the world. We each have our own story. Some stories brew and ferment within us until we have no option but to write them or even tell them, some stories are told because like volcanoes they threaten to erupt.

So, whatever your reason for writing, don't be discouraged. Whatever your reason for reading, don't be perturbed. In each story, poem or book there's a unique lesson, something to be learned, something to be understood, something to be gained, demons to be buried, perhaps, even a hazard to be avoided.

I am lousy with these codes on the write so I decided to embed tags in the post. I am on Twitter as @BrendaWardle, on Instagram Brenda_Wardle, on LinkedIn and my websites are www.brendawardle.com and www.wardlecollege.co.za

Bill Cosby and the Statute of Limitations

Bill Cosby and the charges leveled against him.
United States prosecutors have accused Bill Cosby, former star of the "Cosby Show", of aggravated indecent assault. The charges relate to allegations of certain acts performed on former Temple University employee, Andrea Constand. Should Cosby be found guilty, he could be sentenced to an imprisonment term of between 5 and 10 years and/or the option of a $25,000.00 fine.

But what is a statute of limitation?

A statute of limitation is essentially a law which prohibits the prosecution or the State or the District Attorney (these terms are used interchangeably), from charging someone with an offence which was committed more than a specified/legislated number of years ago. On the expiry of such stipulated years, the accused or the alleged perpetrator, if you will, may no longer be charged with the said crimes. The primary purpose of these provisions is to ensure that evidence is credible and it is also further aimed at preventing a situation where evidence becomes diluted, compromised or reduced. It would be safe to say that such statutes appear to be aimed at extending some sort of mercy to accused persons.

Which crimes are governed by the statutes of limitation?

It is not in respect of all crimes that the provisions of the statute of limitations becomes applicable. Certain crimes fall outside the ambit of these statutes. Examples are sexual offenses, especially those with minors. Crimes which have an element of violence for example kidnapping and arson generally have no statutes of limitation. The complication in the United States is that their public national/municipal or domestic law, is not uniform throughout all states and it thus becomes important to research the relevant law of such applicable state. The United States, unlike South Africa, does not have a statute of limitation for forgery in a number of states. California and Arizona are examples of states where crimes involving the theft of public monies or manipulation/forgery of public records, have no statute of limitation. In Colorado, it is treason which has no statute of limitation.

The position in South Africa

Whilst South Africa does not have a statute of limitation, Section 18 of our penal code (Criminal Procedure Act 51 of 1977), regulates the lapsing of the right of the State to institute a prosecution. Offences which are excluded and which never prescribe are murder, treason committed when the Republic is in a state of war, robbery with aggravating circumstances, kidnapping, child-stealing and rape. The said section also prohibits prescription in instances where the allegations relate to the crimes of genocide, crimes against humanity, and war crimes as contemplated in Section 4 of the Implementation of the Rome Statute of the International Criminal Court Act of 2002. The right to prosecute all other crimes, except for those mentioned above, expires after twenty years.

What then happens to the multiple allegations from over 30 women?

The leading of character evidence is normally prohibited. In the United States ‘evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion, the said person acted in accordance with the character.’ There is thus a real possibility that the other women who have come forward with similar accusations, might never see their cases prosecuted and they might also never have the opportunity to testify about their own experiences in the trial of Constand.



What then is character evidence?

Character evidence refers to that evidence which is tendered for the sole purpose of proving that an accused (or a defendant as they are referred to in the United States) acted in a particular way, on a particular occasion, based on the character of that person. In the United States, Federal Rule of Evidence 404 sets out the permissible and prohibited uses of character evidence in trials. Three factors usually determine the admissibility of character evidence. The first being the purpose for which the character evidence is being tendered, further, the form in which it is offered or tendered and lastly, whether or not the proceedings are civil or criminal in nature. Character evidence may further take the form of opinion evidence (generally inadmissible unless it is expert opinion), reputational evidence and evidence of specific instances of conduct (the latter two being applicable in the case against Bill Cosby).

Character evidence is inadmissible in a criminal trial in instances where it is first offered by the State or Prosecution or District Attorney as circumstantial evidence for the sole purpose of showing that the accused is likely to have committed the crime or crimes with which he is being charged. However, whilst the prosecution is generally prohibited from initiating character evidence (and this is the situation in South Africa as well), immediately the defence or the accused or the defendant introduces evidence of his good character, the door becomes wide open for the prosecution to rebut that evidence by leading evidence of his bad character.

Conclusion

It will be interesting watching this trial to see exactly how justice will unfold in the United States.
Happy New Year to you all. You can visit my website www.brendawardle.com or www.wardlecollege.co.za or follow me on Twitter @BrendaWardle, Instagram Brenda_Wardle and Brenda Wardle on Facebook. I have a campaign on www.publishizer.com for my upcoming book To Kill A Fragile Rose: The State’s Case Against Oscar Leonard Carl Pistorius, feel free to pre-order. You can also view my profiles on LinkedIn and WhosWho South Africa.

Bill Cosby and the Statute of Limitations

Bill Cosby and the charges leveled against him.
United States prosecutors have accused Bill Cosby, former star of the "Cosby Show", of aggravated indecent assault. The charges relate to allegations of certain acts performed on former Temple University employee, Andrea Constand. Should Cosby be found guilty, he could be sentenced to an imprisonment term of between 5 and 10 years and/or the option of a $25,000.00 fine.

But what is a statute of limitation?

A statute of limitation is essentially a law which prohibits the prosecution or the State or the District Attorney (these terms are used interchangeably), from charging someone with an offence which was committed more than a specified/legislated number of years ago. On the expiry of such stipulated years, the accused or the alleged perpetrator, if you will, may no longer be charged with the said crimes. The primary purpose of these provisions is to ensure that evidence is credible and it is also further aimed at preventing a situation where evidence becomes diluted, compromised or reduced. It would be safe to say that such statutes appear to be aimed at extending some sort of mercy to accused persons.

Which crimes are governed by the statutes of limitation?

It is not in respect of all crimes that the provisions of the statute of limitations becomes applicable. Certain crimes fall outside the ambit of these statutes. Examples are sexual offenses, especially those with minors. Crimes which have an element of violence for example kidnapping and arson generally have no statutes of limitation. The complication in the United States is that their public national/municipal or domestic law, is not uniform throughout all states and it thus becomes important to research the relevant law of such applicable state. The United States, unlike South Africa, does not have a statute of limitation for forgery in a number of states. California and Arizona are examples of states where crimes involving the theft of public monies or manipulation/forgery of public records, have no statute of limitation. In Colorado, it is treason which has no statute of limitation.

The position in South Africa

Whilst South Africa does not have a statute of limitation, Section 18 of our penal code (Criminal Procedure Act 51 of 1977), regulates the lapsing of the right of the State to institute a prosecution. Offences which are excluded and which never prescribe are murder, treason committed when the Republic is in a state of war, robbery with aggravating circumstances, kidnapping, child-stealing and rape. The said section also prohibits prescription in instances where the allegations relate to the crimes of genocide, crimes against humanity, and war crimes as contemplated in Section 4 of the Implementation of the Rome Statute of the International Criminal Court Act of 2002. The right to prosecute all other crimes, except for those mentioned above, expires after twenty years.

What then happens to the multiple allegations from over 30 women?

The leading of character evidence is normally prohibited. In the United States ‘evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion, the said person acted in accordance with the character.’ There is thus a real possibility that the other women who have come forward with similar accusations, might never see their cases prosecuted and they might also never have the opportunity to testify about their own experiences in the trial of Constand.



What then is character evidence?

Character evidence refers to that evidence which is tendered for the sole purpose of proving that an accused (or a defendant as they are referred to in the United States) acted in a particular way, on a particular occasion, based on the character of that person. In the United States, Federal Rule of Evidence 404 sets out the permissible and prohibited uses of character evidence in trials. Three factors usually determine the admissibility of character evidence. The first being the purpose for which the character evidence is being tendered, further, the form in which it is offered or tendered and lastly, whether or not the proceedings are civil or criminal in nature. Character evidence may further take the form of opinion evidence (generally inadmissible unless it is expert opinion), reputational evidence and evidence of specific instances of conduct (the latter two being applicable in the case against Bill Cosby).

Character evidence is inadmissible in a criminal trial in instances where it is first offered by the State or Prosecution or District Attorney as circumstantial evidence for the sole purpose of showing that the accused is likely to have committed the crime or crimes with which he is being charged. However, whilst the prosecution is generally prohibited from initiating character evidence (and this is the situation in South Africa as well), immediately the defence or the accused or the defendant introduces evidence of his good character, the door becomes wide open for the prosecution to rebut that evidence by leading evidence of his bad character.

Conclusion

It will be interesting watching this trial to see exactly how justice will unfold in the United States.
Happy New Year to you all. You can visit my website www.brendawardle.com or www.wardlecollege.co.za or follow me on Twitter @BrendaWardle, Instagram Brenda_Wardle and Brenda Wardle on Facebook. I have a campaign on www.publishizer.com for my upcoming book To Kill A Fragile Rose: The State’s Case Against Oscar Leonard Carl Pistorius, feel free to pre-order. You can also view my profiles on LinkedIn and WhosWho South Africa.