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

Inhaltsverzeichnis (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
• F. Table of Results

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This thesis aims to provide an in-depth analysis of the legal frameworks surrounding the interrogation of mentally ill suspects within the European Union (EU). It examines how these frameworks address the challenges faced by such individuals during criminal proceedings and explores potential improvements to ensure their rights and well-being are adequately protected. The thesis combines a psychological and legal perspective, seeking to highlight best practices and address the issue from a multidisciplinary standpoint.

• The prevalence and impact of mental illness on individuals involved in the criminal justice system
• The complexities of identifying and recognizing mental illness in suspects
• The risks and vulnerabilities associated with the interrogation of mentally ill suspects, particularly the potential for false confessions
• A comparative analysis of legal frameworks across the EU and individual member states, including the UK and Germany
• The role of international frameworks, such as the European Convention of Human Rights (ECHR) and EU legislation, in safeguarding the rights of mentally ill suspects

Zusammenfassung der Kapitel (Chapter Summaries)

The first chapter explores the prevalence and significance of mental illness within the criminal justice system. It highlights the challenges associated with identifying and recognizing mental illness in suspects and examines the potential negative consequences of inappropriate handling during interrogations, specifically the risk of false confessions. The chapter draws attention to high-profile cases involving mentally ill suspects who confessed to crimes they did not commit, emphasizing the societal relevance of the research topic.

Chapter two delves into the international frameworks governing the interrogation of mentally ill suspects, focusing on the European Convention of Human Rights (ECHR) and the European Union (EU). It analyses relevant articles of the ECHR, including the right to a fair trial and the right to private and family life, examining their implications for safeguarding the rights of mentally ill individuals. The chapter also examines the role of EU legislation and the Commission Recommendation in providing guidance for member states in this regard.

Chapter three shifts its focus to national frameworks, specifically those of the United Kingdom (UK) and Germany. It examines the legal provisions and policies designed to recognize and support mentally ill suspects during the interrogation process, exploring the Mental Capacity Act 2005, Mental Health Act 1983, and Police and Criminal Evidence Act 1984 (UK) as well as the relevant German laws.

Chapter four concludes with a comparative analysis of the various legal frameworks examined throughout the thesis. It assesses the strengths and weaknesses of each approach and identifies potential areas for improvement to better protect the rights of mentally ill suspects during interrogations within the European context.

Schlüsselwörter (Keywords)

This master thesis explores the legal frameworks surrounding the interrogation of mentally ill suspects in the EU. The primary focus is on the European Convention of Human Rights (ECHR), the European Union (EU), the United Kingdom (UK) and Germany. The thesis analyses the challenges of recognizing mental illness, examines the potential risks and vulnerabilities associated with interrogation, and investigates the legal protections afforded to mentally ill suspects. Key themes include the right to a fair trial, the right to private and family life, false confessions, and the development of appropriate legislation and practices to ensure the safeguarding of mentally ill individuals during criminal proceedings.