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Incriminations
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Book Synopsis The Privilege Against Self-Incrimination and Criminal Justice by : Andrew Choo
Download or read book The Privilege Against Self-Incrimination and Criminal Justice written by Andrew Choo and published by A&C Black. This book was released on 2014-07-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Privilege Against Self-Incrimination by : R. H. Helmholz
Download or read book The Privilege Against Self-Incrimination written by R. H. Helmholz and published by University of Chicago Press. This book was released on 1997-06-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Book Synopsis Self Incrimination by : Randy Singer
Download or read book Self Incrimination written by Randy Singer and published by Tyndale House Publishers, Inc.. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tara Bannister's abusive stepfather finally pushed her too far. To save herself she had to kill him. Or did she? As Tara's self-defense claim crumbles, attorney Leslie Conners must overcome more than first trial jitters to mount a credible defense.
Book Synopsis Incriminations by : Karen S. McPherson
Download or read book Incriminations written by Karen S. McPherson and published by Princeton University Press. This book was released on 2021-09-14 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maintaining that women's storytelling is a telling activity, Karen McPherson "reads for guilt" in novels by five twentieth-century writers--Simone de Beauvoir (L'Invitée), Marguerite Duras (Le ravissement de Lol V. Stein), Anne Hébert (Kamouraska), Virginia Woolf (Mrs. Dalloway), and Nicole Brossard (Le désert mauve). She finds in the vocabulary and atmosphere of these novels a linking of female protagonists to crime and culpability. The guilt, however, is not clearly imputed or assumed; it tends to trouble the conscience of the entire narrative. Through critical close readings and an inquiry into the interrelations among narration, transgression, and gender, McPherson explores how the women in the stories come under suspicion and how they attempt to reverse or rewrite the guilty sentence. The author examines the complex process and language of incrimination, reflecting on its literary, philosophical, social, and political manifestations in the texts and contexts of the five novels. She looks for signs of possible subversion of the incriminating process within the texts: Can female protagonists (and women writers) escape the vicious circling of the story that would incriminate them? In the course of this book, the stories are made to reveal their strikingly modern and postmodern preoccupations with survival.
Book Synopsis Origins of the Fifth Amendment by : Leonard Williams Levy
Download or read book Origins of the Fifth Amendment written by Leonard Williams Levy and published by Ivan R. Dee Publisher. This book was released on 1999 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Origins probes the intentions of the framers of the Fifth Amendment.
Book Synopsis The Privilege of Silence by : Steven M. Salky
Download or read book The Privilege of Silence written by Steven M. Salky and published by American Bar Association. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis You Have the Right to Remain Innocent by : James J. Duane
Download or read book You Have the Right to Remain Innocent written by James J. Duane and published by Little a. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
Book Synopsis The Privilege Against Self-Incrimination and Criminal Justice by : Andrew Choo
Download or read book The Privilege Against Self-Incrimination and Criminal Justice written by Andrew Choo and published by A&C Black. This book was released on 2014-07-04 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Corporations and the Privilege against Self-Incrimination by : Stijn Lamberigts
Download or read book Corporations and the Privilege against Self-Incrimination written by Stijn Lamberigts and published by Bloomsbury Publishing. This book was released on 2022-12-29 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. Those questions have an increasingly important EU criminal law dimension. To answer them, this study draws on comparative insights from Belgium, England and Wales, and the US; as well as case law of the ECtHR and EU Law. It covers the established CJEU case law in competition cases, the recent CJEU ruling in DB v Consob and addresses Directive (EU) 2016/343. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners.
Book Synopsis Right to Counsel and Privilege against Self-Incrimination by : John B. Taylor
Download or read book Right to Counsel and Privilege against Self-Incrimination written by John B. Taylor and published by Bloomsbury Publishing USA. This book was released on 2004-10-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extensive analysis of two complementary rights of the accused, their interpretation by the U.S. Supreme Court, and the ongoing debate over their role in the criminal justice system. Right to Counsel and Privilege against Self-Incrimination: Rights and Liberties under the Law explores the origins, historical development, current status, and future of two rights intended to protect persons accused of crimes. Two shocking case studies—Powell v. Alabama and Brown v. Mississippi—reveal the brutal injustices suffered by Southern blacks in the 1930s and explain how the Supreme Court made landmark decisions to expand the coverage of the right to counsel and the privilege against self-incrimination. After a brief review of the English and colonial origins of these rights, a careful analysis of each focuses primarily on the revolutionary cases of the 20th century that produced a convergence of these rights in the famous case of Miranda v. Arizona (1966). The work examines subsequent cases and discusses issues that lie ahead, including those related to the war on terror.
Book Synopsis Double Jeopardy, Self-Incrimination, and Due Process of Law by : John Rokutani
Download or read book Double Jeopardy, Self-Incrimination, and Due Process of Law written by John Rokutani and published by Enslow Publishing, LLC. This book was released on 2017-07-15 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth Amendment is one of the more complex and far-reaching amendments to the US Constitution, so this book begins by breaking down each clause one by one, explaining the legalese in uncomplicated language, thus allowing the reader to reach a full understanding of due process. It then systemically describes the impact of the Fifth Amendment clause by clause, using Supreme Court cases as real-world examples. Sidebars highlight the amendment in action and delve into some of the finer points. This book includes rich resource sections that allow for further exploration.
Book Synopsis The Right Against Self-incrimination in Civil Litigation by :
Download or read book The Right Against Self-incrimination in Civil Litigation written by and published by American Bar Association. This book was released on 2001 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Self-Incrimination written by Noël Merino and published by Greenhaven Publishing LLC. This book was released on 2014-03-14 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: When you see a criminal character on a show getting busted, we hear the words that always follow, "You have the right to remain silent..." The Fifth Amendment to the Constitution guarantees due process of law and protects against self-incrimination. The volume discusses to what extent these guarantees extend to teens. Perceived or real teen rights related to cases such as In re Gault, and the impact of the Miranda ruling are explored. Material is drawn from a diverse selection of primary and secondary sources including journals, magazines, and government documents, with particular emphasis on Supreme Court and other court decisions.
Book Synopsis Criminal Law Principles and the Enforcement of EU and National Competition Law by : Marc Veenbrink
Download or read book Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236
Download or read book Dying Declaration written by Randy Singer and published by Tyndale House Publishers, Inc.. This book was released on 2010-10-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas and Theresa Hammonds believe in tough love and old-fashioned discipline. They do not believe in doctors. When their controversial beliefs lead to personal tragedy, the Hammonds face heartbreaking loss, a crisis of faith—and a charge of negligent homicide by a relentless prosecutor. Defending Thomas and Theresa is freewheeling lawyer Charles Arnold. He believes in grace and mercy, but nothing in his colorful past has prepared him for the challenges of this shocking case, or for the dangerous conspiracy at its heart.
Book Synopsis The Abrogation of the Privilege Against Self-incrimination by : Queensland. Law Reform Commission
Download or read book The Abrogation of the Privilege Against Self-incrimination written by Queensland. Law Reform Commission and published by . This book was released on 2003 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defendant Participation in the Criminal Process by : Abenaa Owusu- Bempah
Download or read book Defendant Participation in the Criminal Process written by Abenaa Owusu- Bempah and published by Taylor & Francis. This book was released on 2016-10-04 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
