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Author : Michael McConville
Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.F/5 ( download)
Download or read book Custodial Legal Advice and the Right to Silence written by Michael McConville and published by . This book was released on 1993 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hannah Quirk
Publisher : Routledge
ISBN 13 : 113600808X
Total Pages : 226 pages
Book Rating : 4.1/5 (36 download)
Download or read book The Rise and Fall of the Right of Silence written by Hannah Quirk and published by Routledge. This book was released on 2016-11-25 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : David Morgan
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.3/5 (91 download)
Download or read book Suspicion and Silence written by David Morgan and published by . This book was released on 1994 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Clive Walker
Publisher : OUP Oxford
ISBN 13 : 1854316877
Total Pages : 438 pages
Book Rating : 4.8/5 (543 download)
Download or read book Miscarriages of Justice written by Clive Walker and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.
Author : Tom Bucke
Publisher :
ISBN 13 : 9781858939513
Total Pages : 91 pages
Book Rating : 4.9/5 (395 download)
Download or read book In Police Custody written by Tom Bucke and published by . This book was released on 1997 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Prejal Shah
Publisher : Taylor & Francis
ISBN 13 : 1000451801
Total Pages : 174 pages
Book Rating : 4.0/5 (4 download)
Download or read book Suspects’ Rights in India written by Prejal Shah and published by Taylor & Francis. This book was released on 2021-09-30 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the procedural, cultural, and institutional framework of custodial interrogation in India. It explores theoretical and practical perspectives on custodial interrogation practices in India which have been in urgent need for reform and critiques the systemic failure on the part of the police in India to implement suspects’ rights uniformly. This volume, — Analyses the Indian framework of custodial interrogation to identify its fundamental flaws, and emphasises on the need for having a lawyer present during custodial interrogation; — Demonstrates significant evidence on state of suspects’ rights in India through comparative law methodologies with a focus on common law scholarship and jurisprudence, more particularly England and Wales, and supplemented by vital empirical research through key interviews with related institutional parties; — Discusses emerging, seminal jurisprudence of the European Court of Human Rights on applications of the right to fair trial at the custodial interrogation stage, especially shedding light on modern applications of the right to legal assistance in England and Wales, and radical Strasbourg-inspired reforms in other European jurisdictions; — Highlights the right to legal assistance as one of the viable solutions to break the culture of police lawlessness at this critical stage of the criminal process. An invigorating study, this book is aimed at enriching data and hypothesis for academics, policy makers, civil society organizations, and students working in the area of law and legal studies, police and policing, citizenship, and political science.
Author : Helen Fenwick
Publisher : Routledge
ISBN 13 : 1135329230
Total Pages : 1724 pages
Book Rating : 4.1/5 (353 download)
Download or read book Civil Liberties and Human Rights written by Helen Fenwick and published by Routledge. This book was released on 2009-06-02 with total page 1724 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a detailed, thought-provoking and comprehensive text that is valuable not only for students but also for all those interested in the development of civil liberties in the Human Rights Act era
Author : Fenella M. W. Billing
Publisher : Springer
ISBN 13 : 3319420348
Total Pages : 380 pages
Book Rating : 4.3/5 (194 download)
Download or read book The Right to Silence in Transnational Criminal Proceedings written by Fenella M. W. Billing and published by Springer. This book was released on 2016-09-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Helen Fenwick
Publisher : Taylor & Francis
ISBN 13 : 1317561945
Total Pages : 1430 pages
Book Rating : 4.3/5 (175 download)
Download or read book Fenwick on Civil Liberties & Human Rights written by Helen Fenwick and published by Taylor & Francis. This book was released on 2016-11-25 with total page 1430 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than merely describing the evolution of human rights and civil liberties law, this classic textbook provides students with detailed and thought-provoking coverage of the most crucial developments in the field, clearly explaining the law in context and practice. Updated throughout for this new edition, Fenwick on Civil Liberties and Human Rights considers a number of recent major changes in the law – in particular proposals to replace the Human Rights Act with a British Bill of Rights, and the Counter-Terrorism and Security Act 2015 – whilst also contextualising the impact of reforms on hate speech and contempt due to advances in new media. Comprehensive and authoritative, this textbook offers an essential resource for students on human rights or civil liberties courses, as well as a useful reference for students and scholars of UK Public Law.
Author : Edward Cape
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314546
Total Pages : 262 pages
Book Rating : 4.8/5 (473 download)
Download or read book Regulating Policing written by Edward Cape and published by Bloomsbury Publishing. This book was released on 2008-09-24 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Police and Criminal Evidence Act 1984 (PACE) was an innovative and controversial attempt to regulate the investigation of crime. Two decades on, it now operates in a very different context than in the mid-1980s. Whilst legal advice has become established as a basic right of those arrested and detained by the police, the police service has become increasingly professionalised but also increasingly driven by government objectives and targets. The Crown Prosecution Service, originally established to separate prosecution from investigation, is now becoming involved in the investigative process with the power to make charge decisions. Although the basic structure of PACE has survived, almost continual revision and amendment has resulted in a markedly different creature than that which was originally enacted. In 2007 the government embarked on a further review of PACE, promising to 're-focus the investigation and evidence gathering processes [to deliver] 21st century policing powers to meet the demands of 21st century crime'. This collection brings together some of the leading academic experts, police officers and defence lawyers who have a wealth of experience of researching and working with the PACE provisions. They examine the critical questions and issues surrounding PACE, providing unique and exciting insights into the demands and challenges of the regulation of policing. Contributors David Dixon, Professor of Law, University of New South Wales - 'Authorise and Regulate: A Comparative Perspective on the Rise and Fall of a Regulatory Strategy'. Andrew Sanders, Professor of Criminal Law and Criminology, University of Manchester. 'Can Coercive Powers be Effectively Controlled or Regulated?'. John Coppen, Police Federation spokesperson on police custody issues. 'PACE: A View From the Custody Suite'. John Long, Assistant Chief Constable, Avon and Somerset Constabulary 'Keeping PACE? Some Front Line Policing Perspectives'. Barbara Wilding, Chief Constable, South Wales Police. 'Tipping the Scales of Justice? A Review of the Impact of PACE on the Police, Due Process and the Search for the Truth 1984-2006'. Richard Young, Professor of Law and Policy Research, University of Bristol. 'Street Policing After PACE: The Drift to Summary Justice'. Ed Cape, Professor of Criminal Law and Practice, University of the West of England. 'PACE Then and Now: 21 Years of "Re-balancing"'. Anthony Edwards, Leading criminal defence solicitor. 'The Role of Defence Lawyers in a "Re-balanced" System'. John Jackson, Professor of Public Law, Queen's University, Belfast. 'Police and Prosecutors after PACE: The Road from Case Construction to Case Disposal'.
Author : Mike McConville
Publisher : Oxford University Press, USA
ISBN 13 : 0198822103
Total Pages : 337 pages
Book Rating : 4.1/5 (988 download)
Download or read book The Myth of Judicial Independence written by Mike McConville and published by Oxford University Press, USA. This book was released on 2020-06-29 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.
Author : Richard Stone
Publisher : Oxford University Press, USA
ISBN 13 : 0198701551
Total Pages : 596 pages
Book Rating : 4.1/5 (987 download)
Download or read book Textbook on Civil Liberties and Human Rights written by Richard Stone and published by Oxford University Press, USA. This book was released on 2014 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written primarily for students, this textbook will also be of interest to anyone who is concerned about restrictions on individual freedom. The author assesses the impact of the Human Rights Act 1998 and the Freedom of Information Act 2000.
Author : Asher Flynn
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900853
Total Pages : 376 pages
Book Rating : 4.5/5 (99 download)
Download or read book Access to Justice and Legal Aid written by Asher Flynn and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Author : Liz Heffernan
Publisher : Bloomsbury Publishing
ISBN 13 : 1526511487
Total Pages : 1071 pages
Book Rating : 4.5/5 (265 download)
Download or read book Evidence in Criminal Trials written by Liz Heffernan and published by Bloomsbury Publishing. This book was released on 2021-02-10 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system.
Author : Andrew Sanders
Publisher : Oxford University Press
ISBN 13 : 0199541310
Total Pages : 849 pages
Book Rating : 4.1/5 (995 download)
Download or read book Criminal Justice written by Andrew Sanders and published by Oxford University Press. This book was released on 2010-07-15 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text concentrates on the apprehension, investigation and trial of suspected offenders, overlaying its analysis with a critical appraisal of the system and suggesting pointers to improvement.
Author : Gisli H. Gudjonsson
Publisher : John Wiley & Sons
ISBN 13 : 0470857943
Total Pages : 704 pages
Book Rating : 4.4/5 (78 download)
Download or read book The Psychology of Interrogations and Confessions written by Gisli H. Gudjonsson and published by John Wiley & Sons. This book was released on 2003-05-27 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, a sequel to The Psychology of Interrogations, Confessions and Testimony which is widely acclaimed by both scientists and practitioners, brings the field completely up-to-date and focuses in particular on aspects of vulnerability, confabulation and false confessions. The is an unrivalled integration of scientific knowledge of the psychological processes and research relating to interrogation, with the practical investigative and legal issues that bear upon obtaining, and using in court, evidence from interrogations of suspects. * Accessible style which will appeal to academics, students and practitioners * Authoritative integration of theory, research, practical implications and vivid case illustration * Coverage of topical issues like confabulation, false memory, and false confessions Part of the Wiley Series in The Psychology of Crime, Policing and Law
