Standard of proof ‘reasonable suspicion’ in criminal proceedings
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
The article is devoted to the analysis of standard of proof ‘reasonable suspicion’ in criminal proceedings. In the first part of the article the legal notion of standard of proof is established. It is argued that the standard of proof has three essential characteristics: 1) variability, 2) close relation to burden of proof, and 3) serves as the decision threshold which sets an evidential level. The second part of the article touches on the legal nature of ‘reasonable suspicion’ standard. Based in the analysis of the ECtHR and the US Supreme Court case-law it is suggested that the ‘reasonable suspicion’ standard could be defined as the sum of specific and articulable facts that can satisfy an objective observer (that is not a legal professional) that a person in question may have committed a criminal offence. At the same time application of such facts could be subject to some restrictions. It is established that such facts shall not justify a conviction of the person but possible involvement to a crime. Thus judges shall provide concrete reasons for their findings of reasonable suspicion and do not try to eliminate all reasonable doubts. It is concluded that prospective study shall focus on the relation between standards of ‘reasonable suspicion’ and ‘probable cause’ both of which are applied in making interim criminal procedural decisions.
Authors and Affiliations
І. В. Гловюк, А. С. Степаненко
Keywords
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