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.
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 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.
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.
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.
Download or read book The Privilege of Silence written by Steven M. Salky and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The genesis of this book was the recognition that the practicing lawyer's library lacked a comprehensive guide to the application of the Fifth Amendment privilege against self-incrimination. This work is designed to fill that void and to become a basic research tool to aid lawyers in thinking about and applying the Fifth Amendment privilege in various contexts and proceedings"--
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.
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.
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.
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 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.
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 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:
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 in Our Time written by Yale Kamisar and published by . This book was released on 1965 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Body Search and Physical Examination of the Accused the Privilege against Self Incrimination and the Consequences of Illegally Obtained Evidence in German Criminal Law written by Stefanie M. Bausch and published by GRIN Verlag. This book was released on 2004-03-16 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2004 in the subject Law - Criminal process, Criminology, Law Enforcement, grade: 14 Points, University of Mannheim, language: English, abstract: In the following seminar paper I will deal with the body search and physical examination of the accused, the privilege against self-incrimination, and the consequences of illegally obtained evidence in German Criminal Law. In the main part, I will start with the presentation of the sections in the German Code of Criminal Procedure (GCCP) which lay down the provisions concerning the body search and the physical examination of the suspect in criminal proceedings. This will be followed by the requirements the fore-mentioned sections list in order to lawfully obtain evidence. Afterwards I will show different examples that fall under the one or the other and will so develop the differences between these two norms. Then, I will move on with the privilege against self-incrimination. I will show how this privilege is guaranteed in German Law and if it is violated with regard to body search and physical examination of the accused. In additional to this, I will also deal with the consequences of illegally obtained evidence with regard to such searches and examinations of the suspect. In the end, a brief conclusion shall sum up the fore-mentioned findings and ideas.
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 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages. Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.
