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

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.

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.

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.

Download or read book Is There a Right to Remain Silent written by Alan M. Dershowitz and published by Oxford University Press. This book was released on 2008-05-06 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.

Download or read book Breaking Silence written by Richard Alan White and published by Georgetown University Press. This book was released on 2004-09-03 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Young seventeen-year-old Joelito Filártiga was taken from his family home in Asunción, Paraguay, brutally tortured, and murdered by the Paraguayan police. Breaking Silence is the inside story of the quest for justice by his father—the true target of the police—Paraguayan artist and philanthropist Dr. Joel Filártiga. That cruel death, and the subsequent uncompromising struggle by Joelito's father and family, led to an unprecedented sea change in international law and human rights. The author, Richard Alan White, first became acquainted with the Filártiga family in the mid-1970s while doing research for his dissertation on Paraguayan independence. Answering a distressed letter from Joelito's father, he returned to Paraguay and journeyed with the Filártiga family on their long and difficult road to redress. White gives the reader a compelling first-hand, participant-observer perspective, taking us into the family with him, to give witness to not only their agony and sorrow, but their resolute strength as well—strength that led to a groundbreaking $10 million legal decision in Filártiga v. Peña. (Americo Norberto Peña-Irala was the Paraguayan police officer responsible for Joelito's abduction and murder, whom the Filártigas had arrested after finding him hiding in Brooklyn.) That landmark decision, based on the almost obscure Alien Tort Claims Act of 1789, ruled that U.S. courts could accept jurisdiction in international cases—recognizing the right of foreign human rights victims to sue—even though the alleged violation occurred in another country by a non-American and against a non-American. So fundamentally has the Filártiga precedent changed the landscape of international human rights law, that it has served as the basis for nearly 100 progeny suits, and grown to encompass not only human rights abuses, but also violations of international environmental and labor rights law. Today, there are dozens of class action suits pending against corporate defendants ranging from oil conglomerates destroying the Amazon rainforest to designer clothing companies running sweatshops abroad. Breaking Silence is a remarkable, consuming story, documenting not only the most celebrated case in the international human rights field—but also the tragic and touchingly human story behind it that gives it life. In 2001, Dr. Filártiga was nominated for the Nobel Peace Prize and the Alien Tort Claims Act continues to be hotly debated among politicians and lawmakers.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book The Right to a Fair Trial in International Law written by Amal Clooney and published by Oxford University Press. This book was released on 2021-02-11 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.

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.

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 2016-09-01 with total page 380 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.

Download or read book The Price of Silence written by William D. Cohan and published by Simon and Schuster. This book was released on 2014-04-08 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative account of the Duke lacrosse team rape case illuminates the ever-widening gap between America's rich and poor, and demonstrates how far the powerful will go to protect themselves.

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.

Download or read book Unspoken written by Cheryl Glenn and published by SIU Press. This book was released on 2004 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our talkative Western culture, speech is synonymous with authority and influence while silence is frequently misheard as passive agreement when it often signifies much more. In her groundbreaking exploration of silence as a significant rhetorical art, Cheryl Glenn articulates the ways in which tactical silence can be as expressive and strategic an instrument of human communication as speech itself. Drawing from linguistics, phenomenology, feminist studies, anthropology, ethnic studies, and literary analysis, Unspoken: A Rhetoric of Silence theorizes both a cartography and grammar of silence. By mapping the range of spaces silence inhabits, Glenn offers a new interpretation of its complex variations and uses. Glenn contextualizes the rhetoric of silence by focusing on selected contemporary examples. Listening to silence and voice as gendered positions, she analyzes the highly politicized silences and words of a procession of figures she refers to as "all the President's women," including Anita Hill, Lani Guiner, Gennifer Flowers, and Chelsea Clinton. She also turns an investigative ear to the cultural taciturnity attributed to various Native American groups--Navajo, Apache, Hopi, and Pueblo--and its true meaning. Through these examples, Glenn reinforces the rhetorical contributions of the unspoken, codifying silence as a rhetorical device with the potential to deploy, defer, and defeat power. Unspoken concludes by suggesting opportunities for further research into silence and silencing, including music, religion, deaf communities, cross-cultural communication, and the circulation of silence as a creative resource within the college classroom and for college writers.

Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

Download or read book Miranda written by Gary L. Stuart and published by University of Arizona Press. This book was released on 2013-11-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most significant Supreme Court cases in U.S. history has its roots in Arizona and is closely tied to the state’s leading legal figures. Miranda has become a household word; now Gary Stuart tells the inside story of this famous case, and with it the legal history of the accused’s right to counsel and silence. Ernesto Miranda was an uneducated Hispanic man arrested in 1963 in connection with a series of sexual assaults, to which he confessed within hours. He was convicted not on the strength of eyewitness testimony or physical evidence but almost entirely because he had incriminated himself without knowing it—and without knowing that he didn’t have to. Miranda’s lawyers, John P. Frank and John F. Flynn, were among the most prominent in the state, and their work soon focused the entire country on the issue of their client’s rights. A 1966 Supreme Court decision held that Miranda’s rights had been violated and resulted in the now-famous "Miranda warnings." Stuart personally knows many of the figures involved in Miranda, and here he unravels its complex history, revealing how the defense attorneys created the argument brought before the Court and analyzing the competing societal interests involved in the case. He considers Miranda's aftermath—not only the test cases and ongoing political and legal debate but also what happened to Ernesto Miranda. He then updates the story to the Supreme Court’s 2000 Dickerson decision upholding Miranda and considers its implications for cases in the wake of 9/11 and the rights of suspected terrorists. Interviews with 24 individuals directly concerned with the decision—lawyers, judges, and police officers, as well as suspects, scholars, and ordinary citizens—offer observations on the case’s impact on law enforcement and on the rights of the accused. Ten years after the decision in the case that bears his name, Ernesto Miranda was murdered in a knife fight at a Phoenix bar, and his suspected killer was "Mirandized" before confessing to the crime. Miranda: The Story of America’s Right to Remain Silent considers the legacy of that case and its fate in the twenty-first century as we face new challenges in the criminal justice system.

Download or read book The Right to Silence written by and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: