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Class 3: The Suspect, the Police
Interrogation and Crime Control vs. Due
Process
Lecture & Literature
1. The Pre-Trial Phase (In the Netherlands)
General
Note. Every county has its own judicial system; there is no universal system!
Every criminal case can be split up in two phases.
o The focus of this class will be on the first phase: the pre-trial phase
Purpose Pre-trial Phase: investigation of crimes already committed.
o Investigation: Inquiries that take place after a reasonable suspicion has
arisen that a criminal offence has been committed (reactive).
o Or, nowadays: crimes that are going to be committed (pro-active
investigation)
E.g. in the context of terrorism.
Note that this is a slippery slope; how do you know someone is
going to commit a crime?
Central Concept of the Pre-Trial phase: Reasonable Suspicion
o Reasonable suspicion is a central, but difficult concept important in the
pre-trial phase.
Class 3: The Suspect, the Police
Interrogation and Crime Control vs. Due
Process
Lecture & Literature
1. The Pre-Trial Phase (In the Netherlands)
General
Note. Every county has its own judicial system; there is no universal system!
Every criminal case can be split up in two phases.
o The focus of this class will be on the first phase: the pre-trial phase
Purpose Pre-trial Phase: investigation of crimes already committed.
o Investigation: Inquiries that take place after a reasonable suspicion has
arisen that a criminal offence has been committed (reactive).
o Or, nowadays: crimes that are going to be committed (pro-active
investigation)
E.g. in the context of terrorism.
Note that this is a slippery slope; how do you know someone is
going to commit a crime?
Central Concept of the Pre-Trial phase: Reasonable Suspicion
o Reasonable suspicion is a central, but difficult concept important in the
pre-trial phase.
