Search Results for the-right-to-silence

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.

Author: Hannah Quirk

Publisher: Taylor & Francis

ISBN: 9781136008009

Category: Law

Page: 250

View: 779

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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.
2016-11-25 By Hannah Quirk

10. Miscarriages of justice

Author: Susan M. Easton

Publisher: Avebury

ISBN: UOM:39076001892533

Category: Law

Page: 313

View: 133

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10. Miscarriages of justice
1998 By Susan M. Easton

Under the present law no person, including a suspect, is obliged to give information to the police in the course of a criminal investigation.

Author: Roger Leng

Publisher: Stationery Office Books (TSO)

ISBN: STANFORD:36105016017969

Category: Criminal investigation

Page: 83

View: 309

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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.
1993 By Roger Leng

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.

Author: Fenella M. W. Billing

Publisher: Springer

ISBN: 9783319420349

Category: Law

Page: 372

View: 851

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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.
2016-09-01 By Fenella M. W. Billing

Author: Michael McConville

Publisher:

ISBN: STANFORD:36105008756681

Category: Criminal procedure

Page: 207

View: 193

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And, what is the impact of the right to silence on the participants in criminal trials? The right to silence at trial was not introduced until the mid-late eighteenth century, and was not entrenched until the late nineteenth century.

Author: Helen O'Sullivan

Publisher:

ISBN: OCLC:779959103

Category: Electronic dissertations

Page: 536

View: 505

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Abstract : This thesis addresses two questions: what is the current law on the right of an accused to remain silent at trial? And, what is the impact of the right to silence on the participants in criminal trials? The right to silence at trial was not introduced until the mid-late eighteenth century, and was not entrenched until the late nineteenth century. Today, it is accepted as a fundamental principle underpinning the common law adversarial criminal trial. The thesis argues that the right to silence is treated as fundamental and inviolate when there is no justification for doing so. When examined closely, it is exposed as a doctrine or rule which lacks consistency, clarity and predictability. The thesis begins with a detailed analysis of the Australian appellate court decisions, and reveals a trend towards an absolute right to silence. Under the current law, the accused is not expected to give evidence at trial, except in rare and exceptional circumstances where there are facts additional to those in the Crown case which are known only to the accused. The move to an absolute right to silence is interrogated within contexts where the courts are failing to address the numerous exceptions to the principle. Other influences on the right to silence are examined, including legislation facilitating scientific proof, common law doctrines such as silence in the face of accusation, reverse onus provisions in legislation, and compulsory defence disclosure. The thesis reveals the gaps and incongruities in the way the right to silence is understood, how it is practiced, and its effect on a {u2018}fair trial, {u2019} not just for the accused, but also for the accuser, and the community at large. Unlike the current literature, the thesis deconstructs the right to silence, and seeks to avoid the current slippage between the right to silence on the one hand, and the presumption of innocence, the privilege against self-incrimination, and the burden of proof on the other. The right to silence is re-conceptualised as a choice with consequences, which may or may not be unfavourable to the accused, an issue which it is argued, is for the jury to determine in each case. The thesis probes the appellate court decisions and commentary by academics and legal practitioners on the reasons for the continuing existence of the right to silence and its importance in the criminal trial. The thesis concludes that the reasons offered are fractured and inadequate.

This book examines the treatment of suspects in interrogation and explores issues surrounding the right to silence.

Author: S. Easton

Publisher: Springer

ISBN: 9781137333827

Category: Social Science

Page: 274

View: 767

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This book examines the treatment of suspects in interrogation and explores issues surrounding the right to silence. Employing a socio-legal approach, it draws from empirical research in the social sciences including social psychology to understand the problem of obtaining reliable evidence during interrogation.
2014-10-29 By S. Easton

Author:

Publisher:

ISBN: OCLC:887946602

Category:

Page:

View: 349

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1990 By

Author: William Harold Tiemann

Publisher:

ISBN: UCAL:B5252307

Category: Confidential communications

Page: 252

View: 281

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Author: New South Wales. Law Reform Commission

Publisher:

ISBN: STANFORD:36105062238154

Category: Criminal investigation

Page: 226

View: 215

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