The Privilege Of Silence
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The Privilege Of Silence
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Author : Steven M. Salky
language : en
Publisher:
Release Date : 2019
The Privilege Of Silence written by Steven M. Salky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Self-incrimination categories.
"The genesis of this book was the recognition that the practicing lawyer's library lacked a comprehensive guide to the application of the Fifth Amendment privilege against self-incrimination. This work is designed to fill that void and to become a basic research tool to aid lawyers in thinking about and applying the Fifth Amendment privilege in various contexts and proceedings"--
The Privilege Of Silence
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Author : Steven M. Salky
language : en
Publisher: Amer Bar Assn
Release Date : 2014
The Privilege Of Silence written by Steven M. Salky and has been published by Amer Bar Assn this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
"This book recognizes that the practicing lawyer's library lacks a comprehensive guide to the application of the Fifth Amendment privilege against self-incrimination. As was true for the first edition, the second edition is designed to till that avoid and to become a basic research tool to aid lawyers in thinking about and applying the Fifth Amendment privilege in various contexts and proceedings. It does so by providing a guide for both the civil litigator who may confront the privilege infrequently as well as the criminal lawyer who seeks to advance his or her client's interests through creative application of the Fifth Amendment. Most importantly, it attempts to organize the relevant case law so that lawyers may more effectively advise and represent their clients"--Unedited summary from book cover.
The Privilege Of Silence
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Author : Steven M. Salky
language : en
Publisher: American Bar Association
Release Date : 2009
The Privilege Of Silence written by Steven M. Salky and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Self-incrimination categories.
This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator, as well as the criminal lawyer. The Privilege of Silence organizes the relevant case law so that lawyers may advise and represent their clients by focusing on the practical aspects of Fifth Amendment assertions in all proceedings.
The Right To Silence
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Author : William Harold Tiemann
language : en
Publisher:
Release Date : 1983
The Right To Silence written by William Harold Tiemann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Confidential communications categories.
The Rise And Fall Of The Right Of Silence
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Author : Hannah Quirk
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-25
The Rise And Fall Of The Right Of Silence written by Hannah Quirk and has been published by Taylor & Francis 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.
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.
Silence And Freedom
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Author : Louis Michael Seidman
language : en
Publisher:
Release Date : 2022
Silence And Freedom written by Louis Michael Seidman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with LAW categories.
"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence? This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning. This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture--so prominent in national debate since the events of Guantanamo and Abu Ghraib--is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.
Privilege And Punishment
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Author : Matthew Clair
language : en
Publisher: Princeton University Press
Release Date : 2022-06-21
Privilege And Punishment written by Matthew Clair and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-21 with Social Science categories.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
The Fountains Of Silence
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Author : Ruta Sepetys
language : en
Publisher: Penguin UK
Release Date : 2019-10-03
The Fountains Of Silence written by Ruta Sepetys and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Juvenile Fiction categories.
A haunting and romantic novel set in post-war Spain by Ruta Sepetys - winner of the Carnegie Medal 2017. Madrid, 1957. Daniel, young, wealthy and unsure of his place in the world, views the city through the lens of his camera. Ana, a hotel maid whose family is suffering under the fascist dictatorship of General Franco. Lives and hearts collide as they unite to uncover the hidden darkness within the city. A darkness that could engulf them all . . . Master storyteller Ruta Sepetys once again shines light into one of history's darkest corners in this epic, heart-wrenching novel about identity, unforgettable love and the hidden violence of silence. 'Ruta Sepetys is a master of historical fiction' Elizabeth Wein, author of CODE NAME VERITY **PRAISE FOR THE FOUNTAINS OF SILENCE** Longlisted for the Carnegie Medal 2021 'Spain under Francisco Franco is as dystopian a setting as Margaret Atwood's Gilead' New York Times 'A staggering tale of love, loss and national shame' Entertainment Weekly 'Gripping. Ruta Sepetys is the finest writer of historical fiction working today' The Wall Street Journal 'Captivating, deft, and illuminating historical fiction.' Booklist 'A stunning novel that exposes modern fascism and elevates human resilience.' Kirkus 'An exemplary work of historical fiction.' The Horn Book
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.