right to silence
Comment on Ingraham's Moral Duty to Talk and the Right to Silence
... My article described how England's new limits to the right to silence allow judges and juries to consider as evidence of guilt both a suspect's failure to answer police questions during [r] ...
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Awareness and comprehension of the right to silence in Queensland, Australia
... the right to silence refers to a cluster of rights linked to the basic presumption of innocence in criminal matters and to the adversarial nature of the criminal justice system whereby the burden of proof ...
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Awareness and comprehension of the right to silence in Queensland, Australia
... the right to silence refers to a cluster of rights linked to the basic presumption of innocence in criminal matters and to the adversarial nature of the criminal justice system whereby the burden of proof ...
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"It’s your rights, ok?": explaining the right to silence to Aboriginal suspects in the Northern Territory
... the right to silence (which presumably requires understanding it), or if interviews are unable to be used because caution understanding requirements have not been met, police may have to gather more ...
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The right to silence: using American and European law to protect a fundamental right
... the right to silence. It has been recognized as an important right, but liable to being overridden by ...the right to ...the right to silence is considered greater in the context ...
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Vulnerable Defendants and the Right to Silence: O'Donnell v United Kingdom [2015] ECHR 16667/10
... At trial, the defence applied for a ruling that O’Donnell’s mental condition made it undesirable for him to give evidence. The effect of a favourable ruling would have been that no adverse inference could be drawn from ...
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Emergency Rule, Normalcy Exception: The Erosion of the Right to Silence in the United Kingdom
... case law, as well as rele- vant international human rights instruments, lends weight to the argument that the Criminal Evidence (Northern Ireland) Order 1988 undermines [r] ...
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England Limits the Right to Silence and Moves towards an Inquisitorial System of Justice
... It allows such adverse inferences "as appear proper" to be drawn when the accused does not tell the police, during interrogation after being cautioned or informed of the law, any fact re[r] ...
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Confessions and the Right to Silence in Japan
... after the new Code of Criminal Procedure went into effect in 1947. 42 In that case, known as the Teigin case, police originally arrested the suspect on suspicion[r] ...
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Miranda in a Juvenile Setting: A Child's Right to Silence
... Although the testimony indicated that one officer read the fourteen-year-old the warnings from the standard Miranda card while the other officer attempted to elaborate upon them, when th[r] ...
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Hypothesis of responsibility and reparation in disputes between individuals and states before the control bodies established by the human rights treaties.
... A Constitutional moment: Acceding to the ECHR (or not), in European Constitutional Law Review. The right to silence in transnational criminal proceedings. Comparative law pe[r] ...
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Silence, Confessions, and the New Accuracy Imperative
... what silence consists of, how it communicates, and what occurs when it is breached suggests a reconceptualization of the measures that protect ...of silence to begin to give it some content and make it ...
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The People's Republic of China and the Presumption of Innocence
... onto proof of burden the shift to used be not must On the question of the right to silence, at the pretrial interrogation stage, the Chinese CP provides that the defendant "shall answer [r] ...
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Negotiated disclosure : an examination of strategic information management by the police at custodial interrogation
... POLICE INTERROGATION & THE RIGHT TO SILENCE The provisions introduced in Part III of the Criminal Justice & Public Order Act 1994 CJPOA had important implications for suspectswho remaine[r] ...
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Ethics and/in/as silence
... on silence. For example, that silence doesn’t exist. Pure silence is physically ...exist. Silence consists of ...are silence is because they are unintended, inadvertently produced, not ...
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Feminism in Indian Literature
... Abstract: Women have been a baggage of our culture, they are half the human race yet they have been treated as secondary or subordinate or “other” to men. Their voice is suppressed by the dominant patriarchal voice, but ...
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Telling the Untellable: Dialectic of Silence in Jewish-American and Arab-American Holocaust Discourse
... of silence as a probe to access the shadow of the ...post-survival silence is the outcome of ‘inner speechlessness’ where no tellable story exists after the event except an ‘absent experience’ and a “frozen ...
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Heart of Silence
... My skin is hot. I stand jerkily. My entire body is shaking. I take a step forward and my knee almost slides right out from under me, along with my stomach. I get up to the front of the room, hold up the remote and ...
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Silence of a Heart
... It was obvious that she'd just wiped away fresh tears.. "Jamie, what's—" I hadn't gotten any farther before she wrapped her arms around me and new tears sprung from her eyes.[r] ...
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Epistemologies of Silence
... The silence that Jennifer discusses in this vignette is a different kind of ...of silence around young men in middle and high school in terms of their ruling passions (Barton & Hamilton, 1998) and ...
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