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The Privilege Against Self-Incrimination and Criminal Justice
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 examine...
The Privilege Against Self-Incrimination
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Self Incrimination
Tara Bannister’s abusive stepfather finally pushed her too far. To save herself she had to kill him. Or did she? Tara’s confession doesn’t add up, and as her self-defense claim crumbles, attorney Leslie Connors must overcome more than first-trial jitters to mount a credible defense. Leslie must save Tara’s life—against her client’s will. In the midst of this taxing case, Leslie’s wedding plans to law partner Brad Carson are interrupted by a devastating diagnosis. Does she dare tell Brad? Before the final gavel falls, Leslie must confront the truth about herself and her mysterious client, or the darkness of the past will swallow them both.
Corporations and the Privilege against Self-Incrimination
This book asks whether the well-established privilege against self-incrimination applies to corporations, whether it should, and if so, to what extent. Those questions have an increasingly important EU criminal law dimension. To answer them, this study draws on comparative insights from Belgium, England and Wales, and the US; as well as case law of the ECtHR and EU Law. It covers the established CJEU case law in competition cases, the recent CJEU ruling in DB v Consob and addresses Directive (EU) 2016/343. It will appeal to scholars of EU criminal law, but also to white-collar and competition practitioners.
The Privilege Against Self-incrimination and Criminal Justice
"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 examin...
The Privilege of Silence
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.
Origins of the Fifth Amendment
Origins probes the intentions of the framers of the Fifth Amendment.
The Internationalisation of Criminal Evidence
An examination of international attempts to develop common principles for regulating criminal evidence across different legal traditions.
