The Privilege Against Self-Incrimination and Criminal Justice [NOOK Book]

Overview

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 ...
See more details below
The Privilege Against Self-Incrimination and Criminal Justice

Available on NOOK devices and apps  
  • NOOK Devices
  • Samsung Galaxy Tab 4 NOOK 7.0
  • Samsung Galaxy Tab 4 NOOK 10.1
  • NOOK HD Tablet
  • NOOK HD+ Tablet
  • NOOK eReaders
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac

Want a NOOK? Explore Now

NOOK Book (eBook)
$58.99
BN.com price
(Save 15%)$69.99 List Price

Overview

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.
Read More Show Less

Product Details

  • ISBN-13: 9781782253228
  • Publisher: Bloomsbury USA
  • Publication date: 7/4/2014
  • Series: Criminal Law Library
  • Sold by: Barnes & Noble
  • Format: eBook
  • Edition number: 1
  • Pages: 180
  • File size: 545 KB

Meet the Author

Andrew Choo is a Professor of Law at City University London and a barrister at Matrix Chambers.
Read More Show Less

Table of Contents

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 France
2. Saunders v UK
3. Prosecutions for Failure to Provide (Accurate) Information
3.1 The Jurisprudence of the European Court of Human Rights Post-Funke v France
3.2 The Case Law in England and Wales
4. 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
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)