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The Privilege Against Self Incrimination And Criminal Justice
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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 and Criminal Justice by : Andrew L.-T. Choo
Download or read book The Privilege Against Self-incrimination and Criminal Justice written by Andrew L.-T. Choo and published by . This book was released on 2013 with total page 152 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."--Bloomsbury Publishing.
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 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 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 The Internationalisation of Criminal Evidence by : John D. Jackson
Download or read book The Internationalisation of Criminal Evidence written by John D. Jackson and published by Cambridge University Press. This book was released on 2012-01-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
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 Do Exclusionary Rules Ensure a Fair Trial? by : Sabine Gless
Download or read book Do Exclusionary Rules Ensure a Fair Trial? written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Rise and Fall of the Right of Silence by : Hannah Quirk
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.
Book Synopsis The Blessings of Liberty by : Zechariah Chafee (Jr.)
Download or read book The Blessings of Liberty written by Zechariah Chafee (Jr.) and published by . This book was released on 1956 with total page 364 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 The Privilege of Silence by : Steven M. Salky
Download or read book The Privilege of Silence written by Steven M. Salky and published by Amer Bar Assn. This book was released on 2014 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
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.
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 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:
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.
Download or read book Criminal Justice written by John Kaplan and published by . This book was released on 1982 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
