The Rise and Fall of the Right of Silence

Principle, Politics and Policy

Nonfiction, Reference & Language, Law, Trial Practice, Criminal Procedure, Civil Rights
Cover of the book The Rise and Fall of the Right of Silence by Hannah Quirk, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Hannah Quirk ISBN: 9781136008085
Publisher: Taylor and Francis Publication: November 25, 2016
Imprint: Routledge Language: English
Author: Hannah Quirk
ISBN: 9781136008085
Publisher: Taylor and Francis
Publication: November 25, 2016
Imprint: Routledge
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Taylor and Francis

Cover of the book LITTLE WOMEN and THE FEMINIST IMAGINATION by Hannah Quirk
Cover of the book In Stevenson'S Samoa by Hannah Quirk
Cover of the book Emotion, Cognition, Health, and Development in Children and Adolescents (PLE: Emotion) by Hannah Quirk
Cover of the book Partnerships Between Health and Local Government by Hannah Quirk
Cover of the book Postcolonial Life-Writing by Hannah Quirk
Cover of the book Culture as a System by Hannah Quirk
Cover of the book Ethics and Economics by Hannah Quirk
Cover of the book Applying Cross-Curricular Approaches Creatively by Hannah Quirk
Cover of the book Recovery After Traumatic Brain Injury by Hannah Quirk
Cover of the book The Sociology and Politics of Health by Hannah Quirk
Cover of the book Teaching to Change the World by Hannah Quirk
Cover of the book Victorian Attitudes to Race by Hannah Quirk
Cover of the book Service Industries Marketing by Hannah Quirk
Cover of the book A Brief History of Rock, Off the Record by Hannah Quirk
Cover of the book Dangerous Neighborhood by Hannah Quirk
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy