Module 4: Review Questions

• • "What are the two key characteristics of the judiciary?"
  • The two key characteristics of the judiciary are judicial independence and impartiality. Judicial independence ensures that judges can decide cases without interference, and impartiality ensures that courts do not favor any party.
• • "What is the objective test of impartiality?"
  • The objective test of impartiality assesses whether, objectively, there is a legitimate reason to fear that a judge lacks impartiality. It considers factors beyond the personal conduct of the judge, focusing on the appearance of impartiality.
• • "What principles determine the fairness of proceedings in a criminal context?"
  • Principles such as the presumption of innocence, the right to a fair trial, the right to legal representation, the right to examine evidence, and the right to remain silent contribute to determining the fairness of proceedings in a criminal context.
• • "What is the typical task of juries at criminal trials?"
  • The typical task of juries at criminal trials is to weigh the evidence presented, assess the credibility of witnesses, and ultimately determine whether the accused is guilty or not guilty.
• • "What is the principle of legality?"
  • The principle of legality, as stated in Article 7 ECHR, demands that there be no punishment without law. It requires general foreseeability of criminal liability and prohibits retroactively criminalizing certain behaviors.
• • "What is the pre-trial stage in the context of criminal proceedings?"
  • The pre-trial stage in criminal proceedings involves activities such as suspicion of a crime, investigation by law enforcement or prosecutors, and the indictment or dropping/dismissing of a case before it proceeds to a public criminal trial.
• • "How does determinist theory differ from the classical theory in explaining crimes and criminals?"
  • The determinist theory suggests that external factors, such as genetics, environment, or social circumstances, determine criminal behavior. In contrast, the classical theory emphasizes free will and individual choice as the basis for explaining crimes and criminals.
• • "What are the elements of crime?"
  • The elements of a crime typically include the actus reus (guilty act), mens rea (guilty mind), concurrence (the guilty act and guilty mind coincide), causation (the act caused the harm), and harm (resulting harm from the act).
• • "What is the causality, and under what circumstances would the chain of causality be broken?"
  • Causality in criminal law refers to the link between the defendant's actions and the resulting harm. The chain of causality could be broken by intervening acts, unforeseeable events, or the victim's own actions, which sever the direct connection between the defendant's act and the harm.
• • "What is the main difference between self-defense and necessity under criminal law?"
  • Self-defense involves protecting oneself or others from immediate harm using a reasonable level of force. Necessity, on the other hand, involves committing a crime to prevent a greater harm and is typically seen as a justification rather than an excuse.
• • "Is law always too slow for technology?"
  • Law is often perceived as lagging behind technology due to its relatively slow adaptation to rapid technological advancements. The legal system may struggle to keep pace with the evolving landscape of technological innovations.
• • "What are the four elements of personal data?"
  • The four elements of personal data include information related to an identified or identifiable natural person, such as their name, contact details, identification numbers, and any other data that could lead to the identification of an individual.
• • "Who is a data controller for the General Data Protection Regulation?"
  • A data controller, according to the General Data Protection Regulation (GDPR), is a natural or legal person who determines the purposes and means of processing personal data. They have the responsibility to comply with data protection laws.
• • "What rights do individuals have towards their own personal data?"
  • Individuals have rights such as the right to access, correct, and erase their personal data, the right to object to processing, and the right to data portability. They also have the right to be informed about the processing of their data.
• • "What can data protection authorities do?"
  • Data protection authorities can enforce data protection laws, investigate breaches, issue fines, provide guidance on compliance, and protect individuals' rights regarding the processing of their personal data.