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Concepts of Criminal Procedure > Week 5 > Flashcards

Week 5 Flashcards

1
Q

decision to prosecute definition

A

decision from PP to initiate formal legal proceedings against an individual for criminal behavior

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2
Q

principle of opportunity

A

prosecuting authorities take discretionary decision on whether or not to bring the case to trial, despite evidence

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3
Q

procedural principle of legality

A

decision to prosecute based solely on sufficient evidence

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4
Q

arguments to decide whether or not to prosecute

A
  • sufficiency of evidence
  • likelihood of conviction
  • public interest
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5
Q

decision to prosecute NL

A

opportunity principle

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6
Q

decision to prosecute Germany

A

principle of public prosecution

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7
Q

decision to prosecute UK

A

opportunity principle

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8
Q

Full Code Test UK

A
  1. evidential stage - whether there’s sufficient evidence to provide a prospect of conviction
  2. public interest stage - whether prosecution is required in the public interest
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9
Q

corrective mechanisms definition

A

to review the decision to prosecute

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10
Q

considering more severe crime NL: rule

A

Art. 12 WvSv proceedings

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11
Q

appeal to decision not to prosecute Germnay

A

impossible

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12
Q

judicial review decision (not) to prosecute UK

A
  • prosecute = not possible

- not = possible

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13
Q

plea bargaining definition

A

agreement between defence and prosecution before verdict that guarantees a fixed sentence to suspect if they plead guilty

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14
Q

plea bargaining requirements

A
  • prosecutor agrees to charge a crime less seriously
  • reduce charge already issued
  • not issue additional charges
  • sentence bargaining
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15
Q

plea bargaining advantages

A
  • speeds up trial
  • lowers case load
  • lower charge for guilty suspect
  • removes uncertainty of trial
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16
Q

plea bargaining disadvantages

A
  • 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
17
Q

safeguards of plea bargaining (ECtHR Natsvilishvili)

A
  • be established in unequivocal manner
  • be attended by minimum safeguards
  • not go against public interest
18
Q

decision to accept bargain conditions

A
  • defendant accepts full awareness of facts and consequences
  • defendant accepts in genuinely voluntary manner
  • double judicial review: contents + manner
19
Q

guilty plea UK procedure

A

case to Magistrates’ Court, reduction of sentence

20
Q

reduction sentence guilty plea UK

A
  • by 1/3 earliest opportunity

- by 1/10 latest opportunity

21
Q

proper hearing UK

A

Crown Court

22
Q

plea negotiations Germany: rule

A

s. 257c GCCP

23
Q

avoiding trial NL

A
  • penal order
  • transactions
  • ZSM policy
24
Q

McDonaldization of criminal justice

A

concept to criticize plea bargaining practice in US

25
Q

Decision to prosecute NL: rule

A

Art. 167(2) DCCP

26
Q

decision to prosecute UK: rule

A

Code for Crown Prosecutors

27
Q

decision to prosecute Germany: rule

A

par. 153(2) + 153a GCCP

28
Q

limited allowance of adjustments Germany: rule

A

par. 265 + 266 GCCP

29
Q

Review of decision (not) to prosecute NL: rule

A

Art. 374 DCCP

30
Q

No right to appeal Germany: rule

A

Art. 172 GCCP

31
Q

Trial avoidance UK

A
  • caution

- fixed penalty notice

32
Q

trial avoidance Germany

A
  • Penalty

- discontinuance of prosecution with conditions

33
Q

Plea bargaining Germany: rule

A

par. 277 GCCP

34
Q

Speeding up trials

A
  • NL = not possible
  • UK = Single Justice Proceedings
  • Germany = quick trial
35
Q

Threshold test UK 5 criteria

A
  • reasonable grounds for suspicion
  • further evidence can be obtained
  • seriousness of circumstances of the case
  • there are continuing substantial grounds to object to bail in accordance with Bail Act 1976
  • public interest
36
Q

decision to prosecute ECHR - first legal test

A
  • reasonable suspicion
  • time period = reasonable art. 6 ECHR
  • documents
37
Q

plea bargain ECHR requirements (Natsvlishvili v. Georgia)

A

par. 88 + par. 89 + 91 + 92 Natsvlishvili v. Georgia

Concepts of Criminal Procedure (7 decks)

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