Week 5 Flashcards
decision to prosecute definition
decision from PP to initiate formal legal proceedings against an individual for criminal behavior
principle of opportunity
prosecuting authorities take discretionary decision on whether or not to bring the case to trial, despite evidence
procedural principle of legality
decision to prosecute based solely on sufficient evidence
arguments to decide whether or not to prosecute
- sufficiency of evidence
- likelihood of conviction
- public interest
decision to prosecute NL
opportunity principle
decision to prosecute Germany
principle of public prosecution
decision to prosecute UK
opportunity principle
Full Code Test UK
- evidential stage - whether there’s sufficient evidence to provide a prospect of conviction
- public interest stage - whether prosecution is required in the public interest
corrective mechanisms definition
to review the decision to prosecute
considering more severe crime NL: rule
Art. 12 WvSv proceedings
appeal to decision not to prosecute Germnay
impossible
judicial review decision (not) to prosecute UK
- prosecute = not possible
- not = possible
plea bargaining definition
agreement between defence and prosecution before verdict that guarantees a fixed sentence to suspect if they plead guilty
plea bargaining requirements
- prosecutor agrees to charge a crime less seriously
- reduce charge already issued
- not issue additional charges
- sentence bargaining
plea bargaining advantages
- speeds up trial
- lowers case load
- lower charge for guilty suspect
- removes uncertainty of trial
plea bargaining disadvantages
- infringes upon procedural rights and principles
- poor investigatory procedures
- destroys credibility of the law
- weakens deterrence
- proportionality sentence endangered
- encourages fiddling with the facts
- tends to extort guilty pleas from innocent
safeguards of plea bargaining (ECtHR Natsvilishvili)
- be established in unequivocal manner
- be attended by minimum safeguards
- not go against public interest
decision to accept bargain conditions
- defendant accepts full awareness of facts and consequences
- defendant accepts in genuinely voluntary manner
- double judicial review: contents + manner
guilty plea UK procedure
case to Magistrates’ Court, reduction of sentence
reduction sentence guilty plea UK
- by 1/3 earliest opportunity
- by 1/10 latest opportunity
proper hearing UK
Crown Court
plea negotiations Germany: rule
s. 257c GCCP
avoiding trial NL
- penal order
- transactions
- ZSM policy
McDonaldization of criminal justice
concept to criticize plea bargaining practice in US
