The Privilege Against Self-incrimination and Criminal Justice

The Privilege Against Self-incrimination and Criminal Justice
Author: Andrew L.-T. Choo
Publisher:
Total Pages: 152
Release: 2013
Genre: Criminal justice, Administration of
ISBN: 9781474200325

"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.

The Privilege Against Self-Incrimination and Criminal Justice

The Privilege Against Self-Incrimination and Criminal Justice
Author: Andrew Choo
Publisher: A&C Black
Total Pages: 233
Release: 2014-07-18
Genre: Law
ISBN: 178225322X

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.

The Privilege Against Self-Incrimination

The Privilege Against Self-Incrimination
Author: R. H. Helmholz
Publisher: University of Chicago Press
Total Pages: 336
Release: 1997-06-08
Genre: Law
ISBN: 9780226326603

Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.

Right to Counsel and Privilege against Self-Incrimination

Right to Counsel and Privilege against Self-Incrimination
Author: John B. Taylor
Publisher: Bloomsbury Publishing USA
Total Pages: 424
Release: 2004-10-26
Genre: Law
ISBN: 1576076199

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.

The Privilege of Silence

The Privilege of Silence
Author: Steven M. Salky
Publisher: American Bar Association
Total Pages: 0
Release: 2009
Genre: Self-incrimination
ISBN: 9781604423969

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.

Self-Incrimination

Self-Incrimination
Author: Noël Merino
Publisher: Greenhaven Publishing LLC
Total Pages: 126
Release: 2014-03-14
Genre: Young Adult Nonfiction
ISBN: 0737764325

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.

The Privilege of Silence

The Privilege of Silence
Author: Steven M. Salky
Publisher: Amer Bar Assn
Total Pages: 343
Release: 2014
Genre: Law
ISBN: 9781627225779

"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.

Origins of the Fifth Amendment

Origins of the Fifth Amendment
Author: Leonard Williams Levy
Publisher: Ivan R. Dee Publisher
Total Pages: 588
Release: 1999
Genre: History
ISBN:

Origins probes the intentions of the framers of the Fifth Amendment.

The Internationalisation of Criminal Evidence

The Internationalisation of Criminal Evidence
Author: John D. Jackson
Publisher: Cambridge University Press
Total Pages: 443
Release: 2012-01-19
Genre: Law
ISBN: 110701865X

An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.

Do Exclusionary Rules Ensure a Fair Trial?

Do Exclusionary Rules Ensure a Fair Trial?
Author: Sabine Gless
Publisher: Springer
Total Pages: 387
Release: 2019-04-17
Genre: Law
ISBN: 3030125203

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.