Criminal Procedure Flashcards
Niemietz
The ‘expectation of privacy for reasonable person’ extends to one’s business premises.
Buck
Private life refers to the ‘expectation of privacy for a reasonable person’.
Kruslin
For interference with private life to be lawful, there must be adequate guarantees against abuse such as authorisation, duration, judicial review.
Czarnecki
Public grounds for PTD: risk of re-offending, risk of absconding, destruction of evidence, public order.
Buzadji
For PTD to be lawful, it must be proportional and necessary + requires continuous reasoning.
Salduz
Right to lawyer is triggered from the first interrogation unless there are compelling reasons + statements in lack are generally inadmissible.
Zainchenko
Right to silence is triggered when an individual’s legal position significantly changes.
O’Hara
‘Reasonable suspicion’ exists when according to the available information a reasonable person would believe a crime has been committed.
Cavanaugh
Interrogation: when a person is questioned by law enforcement or authorities in a way that is intended to get information or admissions about a crime.
Allen criteria
Improper compulsion:
- nature and degree of compulsion
- importance of the measure in public interest
- existence of procedural safeguards
- whether evidence was sole or decisive
Ireland v UK
Prohibition of torture and inhuman & degrading treatment.
Miller
Poor prison conditions and lack of proper medical care amount to inhuman and degrading treatment.
Zaandam Style
Refers to detention methods that are excessively harsh or degrading.
Ibrahim
Evidence obtained through temporary denial of a lawyer can be used in court if there are compelling reasons (like emergencies), the restriction is short-term, and it doesn’t affect the fairness of the trial.
Al-Khawaja
The court allows the use of statements from absent witnesses (e.g., due to death) if there’s enough other evidence to ensure a fair trial under Article 6 of the ECHR.
Schatschaschwilli
Witness statements from unavailable individuals (due to fear, health, or unreachability) can be used in court if there’s a valid reason for their absence and enough other evidence to ensure fairness.
Rosin
Counterbalancing measures include opportunity for the defense to cross-examine witnesses in front of an investigative judge before the trial.
Mattocchia
An indictment must be clear and understandable so the accused knows exactly what they are charged with, ensuring a fair trial.
Prade
The use of illegally obtained evidence can affect the fairness of a trial, so the court must consider how it was obtained and its importance for the trial.
Nitulescu
In deciding the admissibility of evidence, courts must ensure the defendant’s rights are respected, the evidence is reliable, and that prosecuting is necessary and serves the public interest.
Jalloh
Inhuman and degrading treatment includes to induce vomit to get ingested drugs from suspect.
Gäfgen
Evidence obtained through torture or threats of torture must be automatically excluded from trial.
Beuze
Denial of a lawyer during key stages of a criminal case (like police interrogation) prejudices the right to a fair trial unless there are exceptional circumstances (Buck public grounds).
R v Goldenberg
A drunk confession can still be used in court if it was made voluntarily and the person understood what they were saying, despite being intoxicated.
