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.
The Right To Silence In Police Interrogation
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Author : Roger Leng
language : en
Publisher: Stationery Office Books (TSO)
Release Date : 1993
The Right To Silence In Police Interrogation written by Roger Leng and has been published by Stationery Office Books (TSO) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Under the present law no person, including a suspect, is obliged to give information to the police in the course of a criminal investigation. But is the use of this right to silence evidence of guilt? Should the law be reformed? Those who argue that it should say that it would allow more effective prosecution and conviction of offenders. This study researches the evidence for this claim and examines the other issues surrounding this debate.
The Right To Silence In Transnational Criminal Proceedings
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Author : Fenella M. W. Billing
language : en
Publisher: Springer
Release Date : 2016-09-09
The Right To Silence In Transnational Criminal Proceedings written by Fenella M. W. Billing and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-09 with Law categories.
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
Custodial Legal Advice And The Right To Silence
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Author : Michael McConville
language : en
Publisher:
Release Date : 1993
Custodial Legal Advice And The Right To Silence written by Michael McConville and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Criminal procedure categories.
The Right To Silence In Transnational Criminal Proceedings
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Author : Fenella M. W. Billing
language : en
Publisher: Springer
Release Date : 2016-09-01
The Right To Silence In Transnational Criminal Proceedings written by Fenella M. W. Billing and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-01 with Law categories.
This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
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 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.
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.
The Right To Silence
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Author : New South Wales. Law Reform Commission
language : en
Publisher:
Release Date : 2000
The Right To Silence written by New South Wales. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Criminal investigation categories.