Defendants Rights Undermined? Flashcards
(YES) Special measures: if witness/victim lying =
Easier to do so behind screen/video link than in full public view in court
(YES) Rigorous cross-examination = ‘best way’ to protect defendants rights and arrive at
Legal guilt
(YES) ‘Bad character’ - guilt should be judged for
Current accusation NOT previous
(YES) ECHR Article 6(2) -‘Everyone charged with a criminal offence shall be…
Presumed innocent until proved guilty according to law’
(YES) Juries influenced by information about
Priors
(YES) Victim doesn’t face serious consequences unlike defendant, plus crime is…
Against the state, not the victim (difficult balancing act?)
(YES) defendant will be punished if found guilty - serious consequence hence better to
Acquit the guilty than wrongfully convict the innocent
(YES) Victim Impact Statements - judge should make…
‘Objective decision’ about appropriate sentence & proportionality - not based on emotion
(BUT/NO) impact statements: largely symbolic, sentencing decided on…
Different principles
(BUT/NO) cross-examination, what is still being used?
Sexual history
(BUT/NO) What take a long time and are costly?
Judicial reviews
(BUT/NO) what are often not available?
Special measures
(BUT/NO) it is difficult to determine if…
Defendants rights are undermined in practice by victim measures
