Week 6 Flashcards
1
Q
3 perspectives on jury trial
A
- court- centered
- citizen-centered
- defendant-centered
2
Q
nullification definition
A
ability of the jury not to apply criminal law
3
Q
advantages jury
A
- safeguard against arbitrary conviction
- democratic
- numerical superiority
- helps against hardening and legalistic complexity
- bring own experience
- educative role/civil duty
4
Q
disadvantages jury
A
- no training in decision making
- law can be very complicated
- prone to emotions and manipulation
- longer trials
- procedural consequences e.g. evidence, duration
- practical consequences e.g. more money, personal issues
5
Q
immediacy definition
A
evidence presented in court have to be in their most original form
6
Q
2 views on immediacy
A
- formal = link between evidence and judge
- substantive = most immediate evidence should be used
7
Q
Right to confrontation: rule
A
art. 6(3) ECHR
8
Q
right to cross-examine: rule
A
art. 6(3)(d) ECHR
9
Q
fair trial: rule
A
art. 6 ECHR
10
Q
fair trial: rule
A
art. 6 ECHR
11
Q
no hearsay rule: exceptions
A
- all parties agree to certain hearsay evidence
- absent witness
- inconsistent statements
12
Q
ECtHR Al-Khawaja and Tahery v. UK
A
absent & anonymous witnesses
13
Q
ECtHR Ellis, Simms, Martin v. UK
A
anonymous witnesses
14
Q
ECtHR Schatschaschwili v. Germany
A
Absent witnesses
15
Q
ECtHR Murtazaliyeva v. Russia
A
relevance of testimony witness
