The Right Against Self Incrimination In Civil Litigation
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The Right Against Self Incrimination In Civil Litigation
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Author :
language : en
Publisher: American Bar Association
Release Date : 2001
The Right Against Self Incrimination In Civil Litigation written by 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 2001 with Law categories.
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 Of Silence
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Author : Steven M. Salky
language : en
Publisher: American Bar Association
Release Date : 2020-11-07
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 2020-11-07 with Law categories.
Now in its third edition, The Privilege of Silence is designed to serve as a research tool to aid lawyers in thinking about and applying the Fifth Amendment privilege in various contexts and proceedings. It provides a guide for both the civil litigator who may confront the privilege infrequently and the criminal lawyer who seeks to advance a client's interests through creative application of the Fifth Amendment. Most importantly, it organizes the relevant case law so that lawyers may more effective advise and represent their clients.
Criminal Discovery
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Author : Cosmas Moisidis
language : en
Publisher: Institute of Criminology
Release Date : 2008
Criminal Discovery written by Cosmas Moisidis and has been published by Institute of Criminology this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
Origins Of The Fifth Amendment
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Author : Leonard Williams Levy
language : en
Publisher: Ivan R. Dee Publisher
Release Date : 1999
Origins Of The Fifth Amendment written by Leonard Williams Levy and has been published by Ivan R. Dee Publisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with History categories.
Origins probes the intentions of the framers of the Fifth Amendment.
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 Privilege Against Self Incrimination
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Author : R. H. Helmholz
language : en
Publisher: University of Chicago Press
Release Date :
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 with Law categories.
Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages. Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.
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.
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.
The Privilege Against Self Incrimination And Criminal Justice
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Author : Andrew Choo
language : en
Publisher: A&C Black
Release Date : 2014-07-04
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 2014-07-04 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.