The Rise and Fall of the Right of Silence

The Rise and Fall of the Right of Silence

Author: Hannah Quirk

Publisher: Routledge

Published: 2016-11-25

Total Pages: 226

ISBN-13: 113600808X

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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.


Book Synopsis The Rise and Fall of the Right of Silence by : Hannah Quirk

Download or read book The Rise and Fall of the Right of Silence written by Hannah Quirk and published by Routledge. This book was released on 2016-11-25 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Roberts & Zuckerman's Criminal Evidence

Roberts & Zuckerman's Criminal Evidence

Author: Paul Roberts

Publisher: Oxford University Press

Published: 2022-08-04

Total Pages: 1193

ISBN-13: 0192557912

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Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.


Book Synopsis Roberts & Zuckerman's Criminal Evidence by : Paul Roberts

Download or read book Roberts & Zuckerman's Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2022-08-04 with total page 1193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.

Silent Spring

Silent Spring

Author: Rachel Carson

Publisher: Houghton Mifflin Harcourt

Published: 2002

Total Pages: 404

ISBN-13: 9780618249060

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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.


Book Synopsis Silent Spring by : Rachel Carson

Download or read book Silent Spring written by Rachel Carson and published by Houghton Mifflin Harcourt. This book was released on 2002 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.


Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Myth of Judicial Independence

The Myth of Judicial Independence

Author: Mike McConville

Publisher: Oxford University Press

Published: 2020-06-28

Total Pages: 337

ISBN-13: 0192555286

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Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.


Book Synopsis The Myth of Judicial Independence by : Mike McConville

Download or read book The Myth of Judicial Independence written by Mike McConville and published by Oxford University Press. This book was released on 2020-06-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an examination of the history of the rules that regulate police interrogation (the Judges' Rules) in conjunction with plea bargaining and the Criminal Procedure Rules, this book explores the 'Westminster Model' under which three arms of the State (parliament, the executive, and the judiciary) operate independently of one another. It reveals how policy was framed in secret meetings with the executive which then actively misled parliament in contradiction to its ostensible formal relationship with the legislature. This analysis of Home Office archives shows how the worldwide significance of the Judges' Rules was secured not simply by the standing of the English judiciary and the political power of the empire but more significantly by the false representation that the Rules were the handiwork of judges rather than civil servants and politicians. The book critically examines the claim repeatedly advanced by judges that "judicial independence" is justified by principles arising from the "rule of law" and instead shows that the "rule of law" depends upon basic principles of the common law, including an adversarial process and trial by jury, and that the underpinnings of judicial action in criminal justice today may be ideological rather than based on principles.

Truth, Silence and Violence in Emerging States

Truth, Silence and Violence in Emerging States

Author: Aidan Russell

Publisher: Routledge

Published: 2018-10-31

Total Pages: 222

ISBN-13: 1351141104

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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.


Book Synopsis Truth, Silence and Violence in Emerging States by : Aidan Russell

Download or read book Truth, Silence and Violence in Emerging States written by Aidan Russell and published by Routledge. This book was released on 2018-10-31 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of Disclosure

The Law of Disclosure

Author: Ed Johnston

Publisher: Routledge

Published: 2020-12-17

Total Pages: 112

ISBN-13: 1000260275

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This edited collection explores the topic of disclosure of evidence and information in the criminal justice process. The book critically analyses the major issues driving the long-standing problem of dysfunctional disclosure practice, with contributions from academics, lawyers, former police officers, and current police policymakers. The ultimate objective is to review the key problems at the investigative, trial and post-conviction stages of criminal proceedings, and to suggest a way forward through potential routes of reform, both legal and cultural. The collection represents a significant and novel contribution to the policy debate regarding disclosure, and advances thought on resolving this issue in a fair and sustainable manner. The book provides a valuable resource for academics, practitioners and policymakers working on this vital aspect of criminal procedure.


Book Synopsis The Law of Disclosure by : Ed Johnston

Download or read book The Law of Disclosure written by Ed Johnston and published by Routledge. This book was released on 2020-12-17 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores the topic of disclosure of evidence and information in the criminal justice process. The book critically analyses the major issues driving the long-standing problem of dysfunctional disclosure practice, with contributions from academics, lawyers, former police officers, and current police policymakers. The ultimate objective is to review the key problems at the investigative, trial and post-conviction stages of criminal proceedings, and to suggest a way forward through potential routes of reform, both legal and cultural. The collection represents a significant and novel contribution to the policy debate regarding disclosure, and advances thought on resolving this issue in a fair and sustainable manner. The book provides a valuable resource for academics, practitioners and policymakers working on this vital aspect of criminal procedure.

Evidence

Evidence

Author: Andrew Choo

Publisher: Oxford University Press

Published: 2018

Total Pages: 457

ISBN-13: 0198806841

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Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.


Book Synopsis Evidence by : Andrew Choo

Download or read book Evidence written by Andrew Choo and published by Oxford University Press. This book was released on 2018 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.

Silence at Boalt Hall

Silence at Boalt Hall

Author: Andrea Guerrero

Publisher: Univ of California Press

Published: 2002-09-10

Total Pages: 264

ISBN-13: 0520936345

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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.


Book Synopsis Silence at Boalt Hall by : Andrea Guerrero

Download or read book Silence at Boalt Hall written by Andrea Guerrero and published by Univ of California Press. This book was released on 2002-09-10 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sanders and Young's Criminal Justice

Sanders and Young's Criminal Justice

Author: Mandy Burton

Publisher: Oxford University Press

Published: 2021

Total Pages: 767

ISBN-13: 0199675147

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'Sanders and Young's Criminal Justice' is an engaging account and a rigorous critique of the criminal justice system, drawing on a wide breadth of research in the field.


Book Synopsis Sanders and Young's Criminal Justice by : Mandy Burton

Download or read book Sanders and Young's Criminal Justice written by Mandy Burton and published by Oxford University Press. This book was released on 2021 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Sanders and Young's Criminal Justice' is an engaging account and a rigorous critique of the criminal justice system, drawing on a wide breadth of research in the field.