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Author : Susan M. Easton
Publisher : Ashgate Publishing
Page : 346 pages
File Size : 48,7 Mb
Release : 1998
Category : Law
ISBN : UOM:39076001892533
10. Miscarriages of justice
Author : Hannah Quirk
Publisher : Routledge
Page : 226 pages
File Size : 52,6 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781136008085
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.
Author : Tim Quigley
Publisher : Unknown
Page : 128 pages
File Size : 53,6 Mb
Release : 2015
Category : Electronic
ISBN : 0779864166
Author : R. H. Helmholz
Publisher : University of Chicago Press
Page : 336 pages
File Size : 48,9 Mb
Release : 1997-06-08
Category : Law
ISBN : 0226326608
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Author : Alan W. Bryant,John Sopinka,Sidney N. Lederman,Michelle K. Fuerst
Publisher : Unknown
Page : 1413 pages
File Size : 40,6 Mb
Release : 2009
Category : Evidence (Law)
ISBN : 0433456787
Introducing the new edition of Canada's leading work on evidence. Stay up-to-date on evidentiary issues with Sopinka, Lederman & Bryant - The Law of Evidence in Canada, 3rd Edition. Cited as authoritative by appellate courts throughout Canada, it is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence. This new edition includes all significant changes to the law of evidence over the past decade.
Author : Jeremy McBride
Publisher : Council of Europe
Page : 529 pages
File Size : 51,7 Mb
Release : 2018-06-18
Category : Political Science
ISBN : 9789287187413
A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Author : Walter Surma Tarnopolsky
Publisher : McGill-Queen's Press - MQUP
Page : 449 pages
File Size : 44,9 Mb
Release : 1975-01-01
Category : Civil rights
ISBN : 9780773595439
Author : Amal Clooney,Philippa Webb
Publisher : Oxford University Press
Page : 500 pages
File Size : 54,8 Mb
Release : 2021-02-11
Category : Law
ISBN : 9780192536082
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.
Author : James J. Duane
Publisher : Little a
Page : 0 pages
File Size : 55,6 Mb
Release : 2016
Category : POLITICAL SCIENCE
ISBN : 1503933393
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 : Amy Jo Murray,Kevin Durrheim
Publisher : Cambridge University Press
Page : 313 pages
File Size : 42,7 Mb
Release : 2019-07-18
Category : Psychology
ISBN : 9781108421379
A qualitative analysis of societal silences, demonstrating how the unsaid directs social action and shapes individual and collective lives.
Author : Alan M. Dershowitz
Publisher : Oxford University Press
Page : 233 pages
File Size : 54,7 Mb
Release : 2008-05-06
Category : Law
ISBN : 9780195307795
An outspoken legal scholar and author of America on Trial reveals why Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11, in this absorbing look at one of the most essential constitutional rights.
Author : C. Ronald Huff,Martin Killias
Publisher : Routledge
Page : 434 pages
File Size : 46,7 Mb
Release : 2013
Category : Social Science
ISBN : 9780415539937
This volume brings together the world-class scholarship of 23 widely acclaimed and influential contributing authors from North America and Europe. The latest research is presented in 18 chapters focusing on the frequency, causes, and consequences of wrongful convictions and other miscarriages of justice and offering recommendations for both legal and public policy reforms that can help reduce the causes of these errors while protecting public safety as well.
Author : Marie Alison Finkelstein
Publisher : Lexis Law Publishing (Va)
Page : 112 pages
File Size : 55,5 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044066863
Author : Cynthia Lee,L. Song Richardson,Tamara Lawson
Publisher : West Academic Publishing
Page : 1061 pages
File Size : 40,7 Mb
Release : 2016
Category : Criminal procedure
ISBN : 0314290206
This student-friendly text, the only criminal procedure casebook authored by three female law professors of color (who also bring diverse criminal justice system experiences as a former prosecutor, private criminal defense attorney and public defender), highlights social justice issues intertwined with the law of criminal procedure, integrating issues of race, class, gender, and sexual orientation where relevant.
Author : James Wood,Adam Crawford
Publisher : Unknown
Page : 37 pages
File Size : 41,9 Mb
Release : 1989
Category : Civil rights
ISBN : 0900137320