The Rise and Fall of the Right of Silence

The Rise and Fall of the Right of Silence PDF Author: Hannah Quirk
Publisher: Routledge
ISBN: 113600808X
Category : Law
Languages : en
Pages : 226

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Book Description
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.

The Rise and Fall of the Right of Silence

The Rise and Fall of the Right of Silence PDF Author: Hannah Quirk
Publisher: Routledge
ISBN: 113600808X
Category : Law
Languages : en
Pages : 226

Get Book Here

Book Description
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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
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.

The Crime and the Silence

The Crime and the Silence PDF Author: Anna Bikont
Publisher: Macmillan + ORM
ISBN: 0374710325
Category : History
Languages : en
Pages : 557

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Book Description
Winner of the National Jewish Book Award in the Holocaust category A monumental work of nonfiction on a wartime atrocity, its sixty-year denial, and the impact of its truth Jan Gross's hugely controversial Neighbors was a historian's disclosure of the events in the small Polish town of Jedwabne on July 10, 1941, when the citizens rounded up the Jewish population and burned them alive in a barn. The massacre was a shocking secret that had been suppressed for more than sixty years, and it provoked the most important public debate in Poland since 1989. From the outset, Anna Bikont reported on the town, combing through archives and interviewing residents who survived the war period. Her writing became a crucial part of the debate and she herself an actor in a national drama. Part history, part memoir, The Crime and the Silence is the journalist's account of these events: both the story of the massacre told through oral histories of survivors and witnesses, and a portrait of a Polish town coming to terms with its dark past. Including the perspectives of both heroes and perpetrators, Bikont chronicles the sources of the hatred that exploded against Jews and asks what myths grow on hidden memories, what destruction they cause, and what happens to a society that refuses to accept a horrific truth. A profoundly moving exploration of being Jewish in modern Poland that Julian Barnes called "one of the most chilling books," The Crime and the Silence is a vital contribution to Holocaust history and a fascinating story of a town coming to terms with its dark past.

Silence on the Mountain

Silence on the Mountain PDF Author: Daniel Wilkinson
Publisher: Duke University Press
ISBN: 9780822333685
Category : History
Languages : en
Pages : 396

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Book Description
Written by a young human rights worker, "Silence on the Mountain" is a virtuoso work of reporting and a masterfully plotted narrative tracing the history of Guatemala's 36-year internal war, a conflict that claimed the lives of more than 200,000 people.

Silence at Boalt Hall

Silence at Boalt Hall PDF Author: Andrea Guerrero
Publisher: Univ of California Press
ISBN: 0520936345
Category : Education
Languages : en
Pages : 264

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Book Description
In 1995, in a marked reversal of progress in the march toward racial equity, the Board of Regents voted to end affirmative action at the University of California. One year later the electorate voted to do the same across the state of California. Silence at Boalt Hall is the thirty-year story of students, faculty, and administrators struggling with the politics of race in higher education at U.C. Berkeley's prestigious law school—one of the first institutions to implement affirmative action policies and one of the first to be forced to remove them. Andrea Guerrero is a member of the last class of students admitted to Boalt Hall under the affirmative action policies. Her informed and passionate journalistic account provides an insider's view into one of the most pivotal and controversial issues of our time: racial diversity in higher education. Guerrero relates the stories of those who benefited from affirmative action and those who suffered from its removal. She shows how the "race-blind" admission policies at Boalt have been far from race-neutral and how the voices of underrepresented minority students have largely disappeared. A hushed silence—the silence of students, faculty, and administrators unwilling and unable to discuss the difficult issues of race—now hangs over Boalt and many institutions like it, Guerrero claims. As the legal and sociopolitical battles over affirmative action continue on a number of consequential fronts, this book provides a rich and engrossing perspective on many facets of this crucial question.

Silent Spring

Silent Spring PDF Author: Rachel Carson
Publisher: Houghton Mifflin Harcourt
ISBN: 9780618249060
Category : Nature
Languages : en
Pages : 404

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Book Description
The essential, cornerstone book of modern environmentalism is now offered in a handsome 40th anniversary edition which features a new Introduction by activist Terry Tempest Williams and a new Afterword by Carson biographer Linda Lear.

Black Silent Majority

Black Silent Majority PDF Author: Michael Javen Fortner
Publisher: Harvard University Press
ISBN: 0674743997
Category : History
Languages : en
Pages : 365

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Book Description
Often seen as a political sop to the racial fears of white voters, aggressive policing and draconian sentencing for illegal drug possession and related crimes have led to the imprisonment of millions of African Americans—far in excess of their representation in the population as a whole. Michael Javen Fortner shows in this eye-opening account that these punitive policies also enjoyed the support of many working-class and middle-class blacks, who were angry about decline and disorder in their communities. Black Silent Majority uncovers the role African Americans played in creating today’s system of mass incarceration. Current anti-drug policies are based on a set of controversial laws first adopted in New York in the early 1970s and championed by the state’s Republican governor, Nelson Rockefeller. Fortner traces how many blacks in New York came to believe that the rehabilitation-focused liberal policies of the 1960s had failed. Faced with economic malaise and rising rates of addiction and crime, they blamed addicts and pushers. By 1973, the outcry from grassroots activists and civic leaders in Harlem calling for drastic measures presented Rockefeller with a welcome opportunity to crack down on crime and boost his political career. New York became the first state to mandate long prison sentences for selling or possessing narcotics. Black Silent Majority lays bare the tangled roots of a pernicious system. America’s drug policies, while in part a manifestation of the conservative movement, are also a product of black America’s confrontation with crime and chaos in its own neighborhoods.

A Time to Stir

A Time to Stir PDF Author: Paul Cronin
Publisher: Columbia University Press
ISBN: 0231544332
Category : History
Languages : en
Pages : 711

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Book Description
For seven days in April 1968, students occupied five buildings on the campus of Columbia University to protest a planned gymnasium in a nearby Harlem park, links between the university and the Vietnam War, and what they saw as the university’s unresponsive attitude toward their concerns. Exhilarating to some and deeply troubling to others, the student protests paralyzed the university, grabbed the world’s attention, and inspired other uprisings. Fifty years after the events, A Time to Stir captures the reflections of those who participated in and witnessed the Columbia rebellion. With more than sixty essays from members of the Columbia chapter of Students for a Democratic Society, the Students’ Afro-American Society, faculty, undergraduates who opposed the protests, “outside agitators,” and members of the New York Police Department, A Time to Stir sheds light on the politics, passions, and ideals of the 1960s. Moving beyond accounts from the student movement’s white leadership, this book presents the perspectives of black students, who were grappling with their uneasy integration into a supposedly liberal campus, as well as the views of women, who began to question their second-class status within the protest movement and society at large. A Time to Stir also speaks to the complicated legacy of the uprising. For many, the events at Columbia inspired a lifelong dedication to social causes, while for others they signaled the beginning of the chaos that would soon engulf the left. Taken together, these reflections present a nuanced and moving portrait that reflects the sense of possibility and excess that characterized the 1960s.

A Psalm of Storms and Silence

A Psalm of Storms and Silence PDF Author: Roseanne A. Brown
Publisher: HarperCollins
ISBN: 0062891545
Category : Young Adult Fiction
Languages : en
Pages : 560

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Book Description
The highly anticipated second—and final—book in the immersive fantasy duology inspired by West African folklore that began with the New York Times bestselling A Song of Wraiths and Ruin, from author Roseanne A. Brown. Perfect for fans of Tomi Adeyemi, Renée Ahdieh, and Sabaa Tahir. Karina lost everything after a violent coup left her without her kingdom or her throne. Now the most wanted person in Sonande, her only hope of reclaiming what is rightfully hers lies in a divine power hidden in the long-lost city of her ancestors. Meanwhile, the resurrection of Karina’s sister has spiraled the world into chaos, with disaster after disaster threatening the hard-won peace Malik has found as Farid’s apprentice. When they discover that Karina herself is the key to restoring balance, Malik must use his magic to lure her back to their side. But how do you regain the trust of someone you once tried to kill? As the fabric holding Sonande together begins to tear, Malik and Karina once again find themselves torn between their duties and their desires. And when the fate of everything hangs on a single, horrifying choice, they each must decide what they value most—a power that could transform the world, or a love that could transform their lives.

Truth, Silence and Violence in Emerging States

Truth, Silence and Violence in Emerging States PDF Author: Aidan Russell
Publisher: Routledge
ISBN: 1351141104
Category : Political Science
Languages : en
Pages : 222

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Book Description
Around the world in the twentieth century, political violence in emerging states gave rise to different kinds of silence within their societies. This book explores the histories of these silences, how they were made, maintained, evaded, and transformed. This book gives a comprehensive view of the ongoing evolutions and multiple faces of silence as a common strand in the struggles of state-building. It begins with chapters that examine the construction of "regimes of silence" as an act of power, and it continues through explorations of the ambiguous limits of speech within communities marked by this violence. It highlights national and transnational attempts to combat state silences, before concluding with a series of considerations of how these regimes of silence continue to be extrapolated in the gaps of records and written history. This volume explores histories of the composed silences of political violence across the emerging states of the late twentieth century, not solely as a present concern of aftermath or retrospection but as a diachronic social and political dimension of violence itself. This book makes a major original contribution to international history, as well as to the study of political terror, human rights violations, social recovery, and historical memory.