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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: 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: 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.
Author: Laurie M. Cassidy
Publisher: Orbis Books
ISBN: 1570757003
Category : Religion
Languages : en
Pages : 209
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Book Description
White Catholic theologians have remained relatively silent on the topic of racism since publication in 1979 of the U.S. bishops' statement against racism, Brothers and Sisters to Us. Contributors Jon Nilson, Mary Elizabeth Hobgood, Barbara Hilkert Andolsen, Charles Curran, Roger Haight, Margaret Guider, Margaret Pfeil, and editors Laurie Cassidy and Alex Mikulich all address the issue of white privilege and how it is a significant factor in shaping the evil of racism in our country. Book jacket.
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: Matthew Clair
Publisher: Princeton University Press
ISBN: 069123387X
Category : Social Science
Languages : en
Pages : 320
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Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Author: Louis Michael Seidman
Publisher:
ISBN: 9780804763196
Category : LAW
Languages : en
Pages : 264
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Book Description
"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence? This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning. This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture--so prominent in national debate since the events of Guantanamo and Abu Ghraib--is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.
Author: Ruta Sepetys
Publisher: Penguin
ISBN: 0698174518
Category : Young Adult Fiction
Languages : en
Pages : 512
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Book Description
From the #1 New York Times bestselling author of Salt to the Sea and Between Shades of Gray comes a gripping, extraordinary portrait of love, silence, and secrets under a Spanish dictatorship. Madrid, 1957. Under the fascist dictatorship of General Francisco Franco, Spain is hiding a dark secret. Meanwhile, tourists and foreign businessmen flood into Spain under the welcoming promise of sunshine and wine. Among them is eighteen-year-old Daniel Matheson, the son of an oil tycoon, who arrives in Madrid with his parents hoping to connect with the country of his mother's birth through the lens of his camera. Photography--and fate--introduce him to Ana, whose family's interweaving obstacles reveal the lingering grasp of the Spanish Civil War--as well as chilling definitions of fortune and fear. Daniel's photographs leave him with uncomfortable questions amidst shadows of danger. He is backed into a corner of difficult decisions to protect those he loves. Lives and hearts collide, revealing an incredibly dark side to the sunny Spanish city. Master storyteller Ruta Sepetys once again shines light into one of history's darkest corners in this epic, heart-wrenching novel about identity, unforgettable love, repercussions of war, and the hidden violence of silence--inspired by the true postwar struggles of Spain. Includes vintage media reports, oral history commentary, photos, and more. Praise for The Fountains of Silence "Spain under Francisco Franco is as dystopian a setting as Margaret Atwood’s Gilead in Ruta Sepetys’s suspenseful, romantic and timely new work of historical fiction . . . Like [Shakespeare's family romances], 'The Fountains of Silence' speaks truth to power, persuading future rulers to avoid repeating the crimes of the past." --The New York Times Book Review “Full of twists and revelations…an excellent story, and timely, too.” --The Wall Street Journal "A staggering tale of love, loss, and national shame." --Entertainment Weekly * "[Sepetys] tells a moving story made even more powerful by its placement in a lesser-known historical moment. Captivating, deft, and illuminating historical fiction." --Booklist, *STARRED REVIEW* * "This gripping, often haunting historical novel offers a memorable portrait of fascist Spain." --Publishers Weekly, *STARRED REVIEW* * "This richly woven historical fiction . . . will keep young adults as well as adults interested from the first page to the last." --SLC, *STARRED REVIEW* * "Riveting . . . An exemplary work of historical fiction." --The Horn Book, *STARRED REVIEW*
Author: Frank Peter
Publisher: Transcript Publishing
ISBN: 9783837624632
Category : Political Science
Languages : en
Pages : 0
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Book Description
Racism has become difficult to name in Europe. Racial semantics are shifting, race is coded in multiple ways and the defense of naturalized privilege is today regularly argued so as to preempt accusations of racism. The possibility to address racism as a particular kind of power formation has become complicated. This volume examines how »race« relates to the operations of social power in particular contexts and what the critical purchase and effectiveness of analytical concepts of racism can be. It combines conceptual reflections with case studies exploring the diverse conjunctures of talking about racism in European countries today.
Author: Maryam Ahranjani
Publisher: CQ Press
ISBN: 1483319466
Category : Law
Languages : en
Pages : 563
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Book Description
Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style by Maryam Ahranjani, Andrew Ferguson and Jamie Raskin – all of whom actively work in the area of juvenile justice -- the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of in-book learning aids.
Author: Kei Miller
Publisher: Grove Press
ISBN: 080215896X
Category : Biography & Autobiography
Languages : en
Pages : 177
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Book Description
Fourteen “thoughtful and impassioned” autobiographical essays exploring race, sex, gender, belonging, and alienation by an award-winning author (Kirkus Reviews). In a deeply moving, critical and lyrical collection of interconnected essays, award-winning writer Kei Miller explores the silences in which so many important things are kept. Miller examines the experience of discrimination through this silence and what it means to breach it —”to risk words, to risk truth; and through the body and the histories those bodies inherit” the crimes that haunt them, and how the meanings of our bodies can shift as we move through the world, variously assuming privilege or victimhood. Through letters to James Baldwin, encounters with Soca, Carnival, family secrets, love affairs, questions of aesthetics and more, Miller powerfully and imaginatively recounts everyday acts of racism and prejudice from a black, male, queer perspective. An almost disarmingly personal collection, Kei dissects his experiences in Jamaica and Britain, working as an artist and intellectual, making friends and lovers, discovering the possibilities of music and dance, literary criticism, culture, and storytelling. With both the epigrammatic concision and conversational cadence of his poetry and novels, Things I Have Withheld is a great artistic achievement: a work of innovation and beauty which challenges us to interrogate what seems unsayable and why, “our actions, defense mechanisms, imaginations and interactions” and those of the world around us. Praise for Things I Have Withheld Shortlisted for the Baillie Gifford Prize for Nonfiction BOMB Magazine’s Editor’s Choice Best Book of 2021 at Slate and Buzzfeed Times (UK), 16 best philosophy and ideas books 2021 “Miller gives a searing voice to ‘the things’ I have been trying so hard to write” in this entrancing collection. . . . Sharp as blades, Miller’s words cut to the core.” —Publishers Weekly (starred review) “There’s no didacticism or sermons here, merely curiosity and sometimes anger and a deep commitment to speaking the uncomfortable truths we’d rather not hear. A bold and daring collection.” —Buzzfeed “This incisive collection of short essays serves as a tabernacle for stories untold, secrets, and reflections on race and sexuality. . . . Immediately arresting and consistently poignant, Miller’s essays engage with the urgency of gripping fiction and the authenticity of stunning poetry. An important voice of the Caribbean, who should be read together with the likes of Safiya Sinclair, Oonya Kempadoo, and Colin Channer.” —Booklist
