JudgeJudi
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I don't think the assessors miss much. I think when the judge makes decisions after leaving the court room, the assessors have a big say in what the Judge says when they come back in. I think she needs their help. This is their role.
Correct. The assessors and their role is a chestnut that keeps coming back in this trial, but for the benefit of those who are unaware ...
Henzen-du Toit is an expert in criminal justice. She has an Honours degree in psychology and Master's degree in criminal justice and criminal prosecution. She is working on a doctorate in criminal law, criminal prosecution, evidence and constitutional interpretation.
Both Mazibuko and Henzen-du Toit sit with Judge Masipa during the proceedings and listen to all the evidence presented to her. However, Witz says assessors are only there to help the judge decide the verdict. "They are only meant [to] try on the facts and can overrule the judge. But they can only overrule her on the facts. When it comes to sentencing they play no role whatsoever."
if the two assessors were to rule in favour of murder, or the judge and one assessor were to rule so, that verdict would be the accepted one. The same would apply if two of them were to rule in favour of an acquittal.
http://www.mediaclubsouthafrica.com/democracy/3759-assessors-can-decide-pistorius-s-fate