7: public and speedy trial Flashcards
the right to a public trial in the ECHR
fundamental principle enshrined article 6 but obligation to hold this hearing is not absolute
publicity is not only about the hearing but also the judgement
press/public can be excluded for various interests and reasons
why the right to a public hearing?
protection against the administration of justice in secret with no public scrutiny
when was the right to a public hearing established by the ECHR?
2018 ramos nubes de carvalho e sa v. portugal
right to a public hearing in CC
some exceptions to the principle that trials should be public
for the CC, not just about protecting the victim’s private life but there is also an incentive for them to come forward (which is in public interest)
this does mean disruption of equality but that’s fine with the CC since it doesn’t change rights parties get when there are proceedings
right to a speedy trial in the ECHR
right to be judged in a reasonable time important since justice should be administered without delay
on the member states to organise their judicial system in a way to allow courts to guarantee individual rights within reasonable time
how to assess the reasonableness of the length of proceedings in the ECHR?
complexity of the case
conduct of the applicant
conduct of the competent authorities
what was at stake for the applicant in the dispute
right to a speedy and public trial in the US
Amendment VI
only exists for criminal prosecutions
pragmatic view of circumstances in the case to assess whether the trial has been speedy enough
balancing test in Barker v Wingo, US
test to see whether it’s been too long or not
length of delay
reason of delay
defendant’s assertion of their right
prejudice to the defendant
pitfalls of the right to a speedy trial in the US
can be bad if you get judged too quickly
criminal proceedings in the US where lawyers have to collect evidence - too quick means there’s a negative impact on the case
in the US, you have the necessity of the right to a speedy trial but you can waive the right because you want a longer one
