The Case For The Right To Silence
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The Case For The Right To Silence
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Author : Susan M. Easton
language : en
Publisher: Ashgate Publishing
Release Date : 1998
The Case For The Right To Silence written by Susan M. Easton and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
10. Miscarriages of justice
The Rise And Fall Of The Right Of Silence
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Author : Hannah Quirk
language : en
Publisher: Routledge
Release Date : 2016-11-25
The Rise And Fall Of The Right Of Silence written by Hannah Quirk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Law categories.
Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.
Right Of Silence
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Author : James Wood
language : en
Publisher:
Release Date : 1989
Right Of Silence written by James Wood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Civil rights categories.
Is There A Right To Remain Silent
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Author : Alan M. Dershowitz
language : en
Publisher: Oxford University Press
Release Date : 2008-05-06
Is There A Right To Remain Silent written by Alan M. Dershowitz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-06 with Law categories.
The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.
Do Exclusionary Rules Ensure A Fair Trial
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Author : Sabine Gless
language : en
Publisher: Springer
Release Date : 2019-04-17
Do Exclusionary Rules Ensure A Fair Trial written by Sabine Gless and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-17 with Law categories.
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Suspicion And Silence
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Author : David Morgan
language : en
Publisher:
Release Date : 1994
Suspicion And Silence written by David Morgan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Political Science categories.
The Criminal Justice and Public Order Bill includes provisions to restrict a defendant's right to silence in response to police questioning and in the courts. Supporters of this change argue that the right to silence is an anachronistic impediment to justice and its abolition would lead to the conviction of more guilty offenders in the courts. However, there is growing concern that removal of this age-old right will expose suspects to far greater pressures from the police and increase the risks of false confessions and miscarriages of justice.
The Privilege Against Self Incrimination
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Author : R. H. Helmholz
language : en
Publisher: University of Chicago Press
Release Date : 1997-06-08
The Privilege Against Self Incrimination written by R. H. Helmholz and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-08 with Law categories.
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
The Privilege Against Self Incrimination And Criminal Justice
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Author : Andrew Choo
language : en
Publisher: A&C Black
Release Date : 2014-07-18
The Privilege Against Self Incrimination And Criminal Justice written by Andrew Choo and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.
You Have The Right To Remain Innocent
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Author : James J. Duane
language : en
Publisher: Little a
Release Date : 2016
You Have The Right To Remain Innocent written by James J. Duane and has been published by Little a this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with POLITICAL SCIENCE categories.
An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
The Internationalisation Of Criminal Evidence
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Author : John D. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-19
The Internationalisation Of Criminal Evidence written by John D. Jackson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-19 with Law categories.
An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.