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Author: Andrew Choo Publisher: A&C Black ISBN: 178225322X Category : Law Languages : en Pages : 233
Book Description
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.
Author: Andrew Choo Publisher: A&C Black ISBN: 178225322X Category : Law Languages : en Pages : 233
Book Description
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.
Author: R. H. Helmholz Publisher: University of Chicago Press ISBN: 9780226326603 Category : Law Languages : en Pages : 336
Book Description
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Author: Karen S. McPherson Publisher: Princeton University Press ISBN: 1400821312 Category : Literary Criticism Languages : en Pages : 225
Book Description
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.
Author: Randy Singer Publisher: Tyndale House Publishers, Inc. ISBN: 1414335679 Category : Fiction Languages : en Pages : 388
Book Description
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.
Author: Steven M. Salky Publisher: American Bar Association ISBN: 9781604423969 Category : Self-incrimination Languages : en Pages : 0
Book Description
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.
Author: James J. Duane Publisher: Little a ISBN: 9781503933392 Category : POLITICAL SCIENCE Languages : en Pages : 0
Book Description
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.
Author: Andrew Choo Publisher: A&C Black ISBN: 1782253211 Category : Law Languages : en Pages : 180
Book Description
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.
Author: Stijn Lamberigts Publisher: Bloomsbury Publishing ISBN: 1509953329 Category : Law Languages : en Pages : 303
Book Description
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.
Author: John B. Taylor Publisher: Bloomsbury Publishing USA ISBN: 1576076199 Category : Law Languages : en Pages : 424
Book Description
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.
Author: Andrew Choo
Author: Andrew Choo
Author: R. H. Helmholz
Author: Karen S. McPherson
Author: Randy Singer
Author: Leonard Williams Levy
Author: Steven M. Salky
Author: James J. Duane
Author: Andrew Choo
Author: Stijn Lamberigts
Author: John B. Taylor