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Concepts of Criminal Procedure > week 4 > Flashcards

week 4 Flashcards

1
Q

interrogation definition

A

investigative measure in which suspect is questioned regarding the alleged criminal offence.

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2
Q

manners individual can be brought to interrogation

A
  • by being in custody
  • upon invitation
  • on the street (prohibited UK)
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3
Q

responsible authority for interrogation adversarial system

A

police

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4
Q

investigations inquisitorial system

A
  • preliminary police investigation

- formal investigation by prosecutor and investigative judge

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5
Q

interrogation value crime control model

A
  • attaining truth from suspect
  • ensure confession
  • end the case fast
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6
Q

interrogation value due process model

A
  • rights of suspect ensured

- equality of arms ensured

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7
Q

right to silence NL: rule

A

art. 29(2) DCCP

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8
Q

right to silence Germany: rule

A

s. 136 GCCP

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9
Q

right to silence UK: rule

A

s. 10 Code C PACE 1984

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10
Q

right to silence ECHR: rule

A

art. 6(1) ECHR

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11
Q

questioning regarding identity of suspect UK + NL

A

excluded from right to silence (Art. 27a DCCP + S. 10.1(2) Code C PACE)

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12
Q

questioning regarding identity Germany

A
  • first interrogation stage = does not fall within right of silence
  • second stage = right of silence applies
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13
Q

text of caution Germany + NL

A

not codified

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14
Q

text of caution UK: rule

A

s. 10.5 Code C PACE

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15
Q

cautioning suspect NL: rule

A

Art. 27d DCCP

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16
Q

adverse interference definition

A

silence used to infer guilt and hold it against suspect

17
Q

adverse interference UK 4 options

A
  • refusal to testify in court (s. 35 CJPO)
  • failure to account for incriminating objects (s.. 36)
  • being near crime scene (s. 37)
  • ambush evidence (s. 34)
18
Q

right to counsel NL: rule

A

art. 28c(1) DCCP

19
Q

right to counsel Germany: rule

A

s. 136 + 137 GCCP

20
Q

right to counsel UK: rule

A

s. 58 PACE, s. 6 Code C

21
Q

rationales right to counsel

A
  • protective role

- participatory role

22
Q

rules consultation NL

A

Art. 28c + Art. 27c(2) + 28d(1,2,3,4) DCCP

23
Q

rules consultation UK

A

s. 58 PACE, s. 6(6.6) Code C

24
Q

rules consultation Germany

A

s. 163a(4) + s. 168c GCCP

25
Q

2 stage test ECtHR Salduz

A
  • restriction on right to access a lawyer and justifiable?

- impact of evidence obtained in absence of a lawyer?

26
Q

improper compulsion definition

A

when very essence of the right not to incriminate oneself is purged

27
Q

pressure to give confessions NL: rule

A

art. 29(1) DCCP

28
Q

pressure to give confessions Germany: rule

A

s. 136a GCCP

29
Q

ECtHR Salduz v, Turkey

A

right of access to a lawyer during pre-trial investigations

30
Q

ECtHR Ibrahim and others v. UK

A

right to be cautioned and receive legal advise

31
Q

ECtHR Beuze v. Belgium

A

right to access to a lawyer restricted

32
Q

ECtHR Soytemiz v. Turkey

A

right to be assisted by a lawyer during interrogation

33
Q

establishing improper compulsion Allan criteria

A
  1. examine nature + degree compulsion (suspects character + type + length + climate of questioning + breaks + facilities)
  2. existence of relevant procedural safeguards (e.g. right to silence)
  3. How obtained material is put to use later (e.g. gravity evidence)
34
Q

improper compulsion outside questioning

A
  • not allowed = will-dependent material

- allowed = will-independent material

35
Q

content right to counsel Soytemiz

A
  1. consultation before interrogation (private contact + reasonable time + prompt + translation)
  2. participation during interrogation
  3. right to legal aid
36
Q

requirements for proper waiver

A
  • established in unequivocal and genuine manner
  • attended by minimum safeguards
  • accused could reasonably have foreseen the consequences of his conduct (Zaichenko v, Russia)

Concepts of Criminal Procedure (7 decks)

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