The main objective of this thesis is to provide an elaborate analysis of the current situation regarding legal frameworks, when it comes to the interrogation of mentally ill suspects in the EU.
The thesis presents a qualitative research, which is predominantly based on the technique of desk research, resulting in an extended literature review. The significance of this thesis lays within an extensive observation from both psychological and judicial, as well as from an international and national point of view. Based on the application of named method and topics, the thesis eventually answers the central thesis question: "How are the problems that mentally ill suspects encounter within the context of interrogations during the criminal procedure legally regulated in various national (UK and Germany) and international (EU and ECHR) legal frameworks?"
The high prevalence of people with mental health conditions in the criminal justice system is a longstanding concern of various institutions and authorities. Reason for this is that mental illnesses can interfere inter alia with the demand characteristics of interrogations in the context of criminal proceedings, such as understanding the consequences of provided answers, and hence negatively influence their results.
Table of Contents
A. Introduction
B. Significance of mental illness
I. Recognizing mental illness
II. Significance during the interrogation
III. False confessions
IV. Conclusion
C. International frameworks
I. European Convention of Human Rights (ECHR)
1. Right to fair trial (Article 6 ECHR)
2. Right to private and family life (Article 8 ECHR)
II. European Union (EU)
-Commission Recommendation
III. Intermediate Status
D. National frameworks
I. United Kingdom (UK)
1. Recognizing mentally ill suspects
2. Mental Capacity Act 2005 (MCA)
3. Mental Health Act 1983 (MHA)
4. Police and Criminal Evidence Act 1984 (PACE)
II. Germany
1. Predominance in Germany
2. Recognizing mental illness
3. Central Legislature
4. State Law (Bavaria)
III. Comparison and Interim Result
E. Conclusion
Objectives and Core Topics
This master's thesis investigates how the legal frameworks in the UK and Germany, as well as international standards from the EU and ECHR, regulate the interrogation of mentally ill suspects. It aims to identify gaps in protection and provide an elaborate analysis of current legal situations to ensure fair treatment in criminal proceedings.
- Analysis of international legal frameworks (ECHR and EU) regarding mental health.
- Evaluation of the UK's national framework including PACE, MCA, and MHA.
- Examination of the German legal system and the role of State Law (Bavaria).
- Comparative study of best practices and shortcomings in police interrogations.
- Assessment of the risk of false confessions for mentally ill individuals.
Excerpt from the Book
A. Introduction
The high prevalence of people with mental health conditions in the criminal justice system is a longstanding concern of various institutions and authorities. Reason for this is that mental illnesses can interfere inter alia with the demand characteristics of interrogations in the context of criminal proceedings, such as understanding the consequences of provided answers, and hence negatively influence their results.
Following this, ensuring the appropriate handling of mentally ill suspects should be a primary goal of all institutions that may encounter these individuals during criminal proceedings. In particular, the attention should be drawn towards passing tailor-made legislation, as this is arguably one of the most effective ways, next to proper training of officials or general regulation, to control the current situation in a uniform and effective way. Here, especially the first contact with these individuals, namely the interrogation by the police, is of decisive character.
However, critics repeatedly state that the present legal systems are neither uniform nor designed in a way to appropriately safeguard mentally ill individuals. Starting on the international level, neither the European Union (EU) nor the European Convention of Human Rights (ECHR) provide a strict and clear framework for the interrogation of mentally ill suspects. In lack of harmonization, currently diverse laws and practices exist on the national level. Given both the relevance of mental illnesses, as well as the diverse approaches, it is worth analysing the different perspectives and systems that can be observed within Europe. The main objective of this thesis is thus to provide an elaborate analysis of the current situation regarding legal frameworks, when it comes to the interrogation of mentally ill suspects in the EU.
Summary of Chapters
A. Introduction: Outlines the significance of mental illness in the criminal justice system and defines the research question regarding the legal regulation of interrogating mentally ill suspects.
B. Significance of mental illness: Explores the challenges of recognizing mental disorders and explains how they influence the quality and reliability of statements during police questioning.
C. International frameworks: Evaluates the influence of the ECHR and EU on national legislation and establishes an analytical framework for comparing national approaches.
D. National frameworks: Conducts a critical analysis of the legal systems in the UK and Germany, focusing on how they implement safeguards for mentally ill suspects.
E. Conclusion: Summarizes the findings, highlighting that both countries struggle to fully satisfy international requirements and that further legislative development is necessary.
Keywords
Mental illness, Criminal justice, Police interrogation, ECHR, European Union, UK law, German law, False confessions, Human rights, Legal frameworks, Investigative interviewing, Psychological vulnerability, Forensic psychology, Appropriate Adult, Mental Capacity Act.
Frequently Asked Questions
What is the core subject of this thesis?
The thesis examines the legal protections and frameworks governing the interrogation of mentally ill suspects within the criminal justice systems of the UK and Germany, measured against international standards.
What are the primary thematic areas?
The focus lies on the identification of mentally ill individuals, the conduct of police interrogations, the prevention of false confessions, and the role of legal assistance.
What is the central research question?
The research asks how the problems that mentally ill suspects encounter during criminal interrogations are regulated within national (UK and Germany) and international (EU and ECHR) legal frameworks.
Which scientific methodology is applied?
The work utilizes qualitative research based on desk research, conducting an extensive literature review and legal analysis of international and national statutes and case law.
What topics are covered in the main section?
The main section covers the psychological impact of interrogations, international guidelines from the ECHR and EU, and a detailed comparison of the UK (PACE, MHA, MCA) and Germany (StPO, state-level regulations).
Which keywords characterize this work?
Key terms include mental illness, criminal justice, interrogation, ECHR, false confessions, and legal safeguards.
What is the significance of the "Appropriate Adult" in the UK system?
An Appropriate Adult (AA) is tasked with providing support, facilitating communication, and ensuring the suspect understands their rights during police procedures, though they do not provide legal advice.
What recent changes have been implemented in Germany?
Germany introduced mandatory audio- or videotaping of interrogations for suspects with mental disorders starting from 2020 to improve verifiability.
- Quote paper
- Korbinian Zellner (Author), 2019, The legal frameworks for the interrogation of mentally ill suspects. The perspective of the European Court of Human Rights, the EU, Germany and the UK, Munich, GRIN Verlag, https://www.grin.com/document/594056
