The Privilege Against Self-Incrimination and Criminal Justice: Criminal Law Library
Autor Andrew Chooen Limba Engleză Hardback – 27 noi 2013
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Specificații
ISBN-13: 9781841133171
ISBN-10: 1841133175
Pagini: 180
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.43 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Criminal Law Library
Locul publicării:London, United Kingdom
ISBN-10: 1841133175
Pagini: 180
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.43 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Criminal Law Library
Locul publicării:London, United Kingdom
Caracteristici
This book examines the operation of the privilege against self-incrimination in England and Wales.The author pays particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998 on the development of the principle.The author also considers the approaches to the privilege in jurisdictions such as Canada, New Zealand and the USA.An interesting study for all those interested in Criminal law.
Notă biografică
Andrew Choo is a Professor of Law at City University London and a barrister at Matrix Chambers.
Cuprins
1. Introduction: Origins, Rationales and the Relevant Legal Framework 1. Origins and Rationales 1.1 Epistemic Considerations 1.2 Non-Epistemic Considerations 2. The Relevant Legal Framework 2.1 The Context: A 'Social' or 'Moral' Duty of Co-operation 2.2 Some General Principles 3. Organisation of the Book 2. The Jurisprudence of the European Court of Human Rights and the Response of the Law of England and Wales 1. Funke v France2. Saunders v UK3. Prosecutions for Failure to Provide (Accurate) Information3.1 The Jurisprudence of the European Court of Human Rights Post-Funke v France3.2 The Case Law in England and Wales4. Use of 'Compelled Information'4.1 'Use Immunity' 4.2 Is There a Principle of 'Derivative-Use Immunity'? 4.3 Is the Information 'Compelled Information'? 5. Concluding Comments 3. What Is 'Information'? 1. The Jurisprudence of the European Court of Human Rights 2. The Case Law in England and Wales 3. US Constitutional Law 3.1 Voice 3.2 Handwriting 3.3 Sobriety Testing 4. Australia 5. New Zealand 6. Canada 7. India 8. International Criminal Law: The ICTY 9. Concluding Comments 4. Identifying the 'Essence' of the Privilege 1. An 'Absolute' Right? 2. The Jurisprudence of the European Court of Human Rights 3. The Case Law in England and Wales 4. Canada 5. Concluding Comments 5. 'Indirect' Compulsion: Confessions and Inferences From Silence 1. Questioning Suspects 1.1 Mandatory Exclusion and Mandatory Directions 1.2 Legal Advice 1.3 Cautioning Suspects 1.4 Alternatives to Judicial Discretion 1.5 Police Informants 1.6 'Safety Interviews' 2. Adverse Inferences From Silence 2.1 Pre-Trial Silence 2.2 Silence at Trial 3. Concluding Comments 6. Concluding Thoughts
Recenzii
The first book to be devoted to the operation of the privilege against self-incrimination in criminal procedings in England and Wales ... Professor Choo's book provides an excellent and timely analysis of this important subject
The monograph displays the kind of careful, thorough and lucid scholarship that one has come to expect of the author. It is an important and significant contribution to the field. Anyone with an interest in criminal justice should read it.
[This book is] of interest to the Bench and Bar of this country as it provides numerous insights...Professor Choo's book provides an excellent and timely analysis of this important subject...
The monograph displays the kind of careful, thorough and lucid scholarship that one has come to expect of the author. It is an important and significant contribution to the field. Anyone with an interest in criminal justice should read it.
[This book is] of interest to the Bench and Bar of this country as it provides numerous insights...Professor Choo's book provides an excellent and timely analysis of this important subject...
Descriere
This book examines the operation of the privilege against self-incrimination in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998 on the development of the principle.