The Privilege Against Self-Incrimination PDF Download
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Author: R. H. Helmholz
Publisher: University of Chicago Press
ISBN: 9780226326603
Category : Law
Languages : en
Pages : 336
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Book Description
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Author: R. H. Helmholz
Publisher: University of Chicago Press
ISBN: 9780226326603
Category : Law
Languages : en
Pages : 336
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Book Description
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Author: Andrew Choo
Publisher: A&C Black
ISBN: 178225322X
Category : Law
Languages : en
Pages : 233
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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: Steven M. Salky
Publisher: American Bar Association
ISBN: 9781604423969
Category : Self-incrimination
Languages : en
Pages : 0
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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: David J. Bodenhamer
Publisher: Oxford University Press, USA
ISBN: 0195325672
Category : Language Arts & Disciplines
Languages : en
Pages : 258
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Book Description
"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
Author: John D. Jackson
Publisher: Cambridge University Press
ISBN: 110701865X
Category : Law
Languages : en
Pages : 443
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Book Description
An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
Author: Mark Berger
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 314
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Book Description
Author: John B. Taylor
Publisher: Bloomsbury Publishing USA
ISBN: 1576076199
Category : Law
Languages : en
Pages : 424
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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: Zechariah Chafee (Jr.)
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 364
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Book Description
Author: Leonard Williams Levy
Publisher: Ivan R. Dee Publisher
ISBN:
Category : History
Languages : en
Pages : 588
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Book Description
Origins probes the intentions of the framers of the Fifth Amendment.
Author: R. H. Helmholz
Publisher: University of Chicago Press
ISBN: 9780226326610
Category : Law
Languages : en
Pages : 320
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Book Description
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.
