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: 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: Randy Singer
Publisher: Tyndale House Publishers, Inc.
ISBN: 1414335679
Category : Fiction
Languages : en
Pages : 388
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Book Description
Tara Bannister's abusive stepfather finally pushed her too far. To save herself she had to kill him. Or did she? As Tara's self-defense claim crumbles, attorney Leslie Conners must overcome more than first trial jitters to mount a credible defense.
Author: Noël Merino
Publisher: Greenhaven Publishing LLC
ISBN: 0737764325
Category : Young Adult Nonfiction
Languages : en
Pages : 126
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Book Description
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.
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: Fred E. Inbau
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 112
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Book Description
Author: Andrew Choo
Publisher: A&C Black
ISBN: 1782253211
Category : Law
Languages : en
Pages : 180
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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: 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: Kimberly Troisi-Paton
Publisher: Greenhaven Publishing
ISBN: 9780737733433
Category : Young Adult Nonfiction
Languages : en
Pages : 0
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Book Description
Examines the Fifth Amendment's origin in the English court system and the future of this right in the wake of twenty-first century legal developments.
