The Right To Silence

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The Rise and Fall of the Right of Silence

Author : Hannah Quirk
Publisher : Routledge
ISBN 13 : 113600808X
Total Pages : 226 pages
Book Rating : 4.1/5 (36 download)

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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.

The Right to Silence in Transnational Criminal Proceedings

Author : Fenella M. W. Billing
Publisher : Springer
ISBN 13 : 9783319420332
Total Pages : 0 pages
Book Rating : 4.4/5 (23 download)

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Book Synopsis The Right to Silence in Transnational Criminal Proceedings by : Fenella M. W. Billing

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 2016-09-09 with total page 0 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.

Silence and Freedom

Author : Louis Michael Seidman
Publisher :
ISBN 13 : 9780804763196
Total Pages : 264 pages
Book Rating : 4.7/5 (631 download)

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Book Synopsis Silence and Freedom by : Louis Michael Seidman

Download or read book Silence and Freedom written by Louis Michael Seidman and published by . This book was released on 2022 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 Power of Silence

Author : Robert Sarah
Publisher : Ignatius Press
ISBN 13 : 1681497581
Total Pages : 249 pages
Book Rating : 4.6/5 (814 download)

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Book Synopsis The Power of Silence by : Robert Sarah

Download or read book The Power of Silence written by Robert Sarah and published by Ignatius Press. This book was released on 2017-03-30 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now with a new afterword by Pope emeritus Benedict XVI! In a time when technology penetrates our lives in so many ways and materialism exerts such a powerful influence over us, Cardinal Robert Sarah presents a bold book about the strength of silence. The modern world generates so much noise, he says, that seeking moments of silence has become both harder and more necessary than ever before. Silence is the indispensable doorway to the divine, explains the cardinal in this profound conversation with Nicolas Diat. Within the hushed and hallowed walls of the La Grande Chartreux, the famous Carthusian monastery in the French Alps, Cardinal Sarah addresses the following questions: Can those who do not know silence ever attain truth, beauty, or love? Do not wisdom, artistic vision, and devotion spring from silence, where the voice of God is heard in the depths of the human heart? After the international success of God or Nothing, Cardinal Sarah seeks to restore to silence its place of honor and importance. "Silence is more important than any other human work," he says, "for it expresses God. The true revolution comes from silence; it leads us toward God and others so as to place ourselves humbly and generously at their service."

The Case for the Right to Silence

Author : Susan M. Easton
Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 346 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis The Case for the Right to Silence by : Susan M. Easton

Download or read book The Case for the Right to Silence written by Susan M. Easton and published by Ashgate Publishing. This book was released on 1998 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 10. Miscarriages of justice

The Privilege of Silence

Author : Steven M. Salky
Publisher : American Bar Association
ISBN 13 : 9781604423969
Total Pages : 0 pages
Book Rating : 4.4/5 (239 download)

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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.

The Oxford Handbook of Language and Law

Author : Peter Meijes Tiersma
Publisher : Oxford University Press
ISBN 13 : 0199572127
Total Pages : 665 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook of Language and Law by : Peter Meijes Tiersma

Download or read book The Oxford Handbook of Language and Law written by Peter Meijes Tiersma and published by Oxford University Press. This book was released on 2012-03-08 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

The Privilege Against Self-Incrimination

Author : R. H. Helmholz
Publisher : University of Chicago Press
ISBN 13 : 9780226326603
Total Pages : 336 pages
Book Rating : 4.3/5 (266 download)

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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.

You Have the Right to Remain Innocent

Author : James J. Duane
Publisher : Little a
ISBN 13 : 9781503933392
Total Pages : 0 pages
Book Rating : 4.9/5 (333 download)

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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.

The Power of Silence

Author : Carlos Castaneda
Publisher : Simon and Schuster
ISBN 13 : 1439121850
Total Pages : 255 pages
Book Rating : 4.4/5 (391 download)

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Book Synopsis The Power of Silence by : Carlos Castaneda

Download or read book The Power of Silence written by Carlos Castaneda and published by Simon and Schuster. This book was released on 2013-03-26 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A journey into the secrets of shamanism continues as “don Juan takes Casteneda to the deeper realms of his teachings” (Milwaukee Journal). Carlos Castaneda takes the reader into the very heart of sorcery, challenging both imagination and reason, and shaking the very foundations of our belief in what is “natural” and “logical.” The Power of Silence is a brilliant flash of knowledge that illuminates the far reaches of the human mind. Through don Juan Matus’s mesmerizing stories, the true meaning of sorcery and magic is finally revealed. Honed in the desert of Sonora, the visions of don Juan give us the vital secrets of belief and self-realization that are transcendental and valid for us all. It is Castaneda’s unique genius to show us that all wisdom, strength, and power lie within ourselves—unleashed with marvelous energy and imaginative force in the teachings of don Juan—and in the writings of his famous pupil, Carlos Castaneda. “We are incredibly fortunate to have Carlos Castaneda’s books.” —The New York Times “His insights paved the way for the future evolution of human consciousness. We are all deeply indebted to him.” —Deepak Chopra

A Book of Silence

Author : Sara Maitland
Publisher : Catapult
ISBN 13 : 1619021420
Total Pages : 320 pages
Book Rating : 4.6/5 (19 download)

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Book Synopsis A Book of Silence by : Sara Maitland

Download or read book A Book of Silence written by Sara Maitland and published by Catapult. This book was released on 2010-09-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A personal and cultural exploration of silence and its value in our lives—“[an] artful book, mixing autobiography, travel writing, meditation, and essay” (Independent, UK). In her late forties, after a noisy upbringing as one of six children and adulthood as a vocal feminist and mother, Sara Maitland found herself living alone in the country and, to her surprise, falling in love with silence. In this fascinating, intelligent, and beautifully written book, Maitland describes how she began to explore this new love, spending periods of silence in the Sinai desert, the Scottish hills, and a remote cottage on the Isle of Skye. Maitland also delves deep into the rich cultural history of silence, exploring its significance in fairy tale and myth, its importance to the Western and Eastern religious traditions, and its use in psychoanalysis and artistic expression. Her story culminates in her building a hermitage on an isolated moor in Galloway. “Her book is probably unique in its subject, and timely, because good, healing silence is becoming hard to find, and we may not know we need it” (Guardian, UK).

The Power of Silence

Author : Colum Kenny
Publisher : Routledge
ISBN 13 : 0429921780
Total Pages : 344 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Power of Silence by : Colum Kenny

Download or read book The Power of Silence written by Colum Kenny and published by Routledge. This book was released on 2018-03-21 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates that silence is eloquent, powerful, beautiful and even dangerous. It surrounds and permeates our daily lives. Drawing on a wide range of cross-cultural, literary and historical sources, the author explores the uses and abuses of silence. He explains how silence is not associated with solitude alone but has a much broader value within society.The main themes of The Power of Silence are positive and negative uses of silence, and the various ways in which silence has been understood culturally, socially and spiritually. The book's objectives are to equip people with a better appreciation of the value of silence and to enable them to explore its benefits and uses more easily for themselves.

Ostracism

Author : Kipling D. Williams
Publisher : Guilford Press
ISBN 13 : 9781572308312
Total Pages : 304 pages
Book Rating : 4.3/5 (83 download)

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Book Synopsis Ostracism by : Kipling D. Williams

Download or read book Ostracism written by Kipling D. Williams and published by Guilford Press. This book was released on 2002-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ostracism is among the most powerful means of social influence. From schoolroom time-outs or the "silent treatment" from a family member or friend, to governmental acts of banishment or exile, ostracism is practiced in many contexts, by individuals and groups. This lucidly written book provides a comprehensive examination of this pervasive phenomenon, exploring the short- and long-term consequences for targets as well as the functions served for those who exclude or ignore. Within a cogent theoretical framework, an exemplary research program is presented that makes use of such diverse methods as laboratory experiments, surveys, narrative accounts, interviews, Internet-based research, brief role-plays, and week-long simulations. The resulting data shed new light on how ostracism affects the individual's coping responses, self-esteem, and sense of belonging and control. Informative and timely, this book will be received with interest by researchers, practitioners, and students in a wide range of psychological disciplines.

Discourse of Silence

Author : Dennis Kurzon
Publisher : John Benjamins Publishing
ISBN 13 : 9027250626
Total Pages : 168 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Discourse of Silence by : Dennis Kurzon

Download or read book Discourse of Silence written by Dennis Kurzon and published by John Benjamins Publishing. This book was released on 1998 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work discusses the discourse of silence and looks at how people relate to silence in specific conte×ts. It e×amines the application of semiotic tools to e×plore several facets of silence in everyday conversation, and reviews various studies of silence that have been published. The book interprets silence in terms of modality in order to distinguish between intentional and unintentional silence. It also presents an analysis of the silence of characters in films, biblical and cinematic te×t in which the terms of reference generally e×pand - from the silent answer, through the silencing of characters by authors, to silence as a feature of the generation gap.

The Internationalisation of Criminal Evidence

Author : John D. Jackson
Publisher : Cambridge University Press
ISBN 13 : 110701865X
Total Pages : 443 pages
Book Rating : 4.1/5 (7 download)

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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.

Flynn and Miranda

Author : Joseph B. Wallenstein
Publisher : Trineday Fiction
ISBN 13 : 9781634243100
Total Pages : 0 pages
Book Rating : 4.2/5 (431 download)

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Book Synopsis Flynn and Miranda by : Joseph B. Wallenstein

Download or read book Flynn and Miranda written by Joseph B. Wallenstein and published by Trineday Fiction. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Flynn and Miranda: How Americans got their constitutional rights to legal representation and their of right of silence." "Two men from opposite ends of the human social spectrum who came together in one blazing moment of legal history and how that moment changed their lives and the lives of all Amereicans.""--

The Power of Silence

Author : Graham Turner
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1620401037
Total Pages : 266 pages
Book Rating : 4.6/5 (24 download)

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Book Synopsis The Power of Silence by : Graham Turner

Download or read book The Power of Silence written by Graham Turner and published by Bloomsbury Publishing USA. This book was released on 2013-03-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people find the very notion of silence uncomfortable, even alarming or embarrassing. They are gripped by a kind of agoraphobia of the spirit. Many try to obliterate silence by turning up the volume control of music or television, or the volume of their days. The Power of Silence explores the world of silence--a mysterious and unfathomable realm, perhaps the most underused of all resources--and those who recognize its value. It is based on extensive interviews with those whose business is silence and who understand its creative and therapeutic uses. Graham Turner explores how the desert fathers sought silence and solitude. Psychotherapists talk of the creative value of silence in their practice as do--perhaps surprisingly--musical composers. The great Catholic centers of contemplation are investigated, as are the practitioners of Zen and those who try to heal the sickness of the mind. A silent moment is time for tranquility and reflection--something beyond ourselves. The value of welcoming quiet has become a great gap in modern human awareness, and this book seeks to restore our belief in the power of silence.