The Right to Silence in Transnational Criminal Proceedings

Comparative Law Perspectives

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The Right to Silence in Transnational Criminal Proceedings by Fenella M. W. Billing, Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Fenella M. W. Billing ISBN: 9783319420349
Publisher: Springer International Publishing Publication: September 1, 2016
Imprint: Springer Language: English
Author: Fenella M. W. Billing
ISBN: 9783319420349
Publisher: Springer International Publishing
Publication: September 1, 2016
Imprint: Springer
Language: English

This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.

On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.

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

This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.

On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.

More books from Springer International Publishing

Cover of the book Cognitive Radio and Networking for Heterogeneous Wireless Networks by Fenella M. W. Billing
Cover of the book PET/CT in Neuroendocrine Tumors by Fenella M. W. Billing
Cover of the book The Political Economy of Agricultural Booms by Fenella M. W. Billing
Cover of the book How Should Humanity Steer the Future? by Fenella M. W. Billing
Cover of the book A Primer on Electromagnetic Fields by Fenella M. W. Billing
Cover of the book Modern Climate Change Science by Fenella M. W. Billing
Cover of the book Methodologies for Service Life Prediction of Buildings by Fenella M. W. Billing
Cover of the book Landslide Dynamics: ISDR-ICL Landslide Interactive Teaching Tools by Fenella M. W. Billing
Cover of the book Hysterectomy by Fenella M. W. Billing
Cover of the book Chemistry of Polymeric Metal Chelates by Fenella M. W. Billing
Cover of the book Gender and Couple Relationships by Fenella M. W. Billing
Cover of the book Formal Techniques for Distributed Objects, Components, and Systems by Fenella M. W. Billing
Cover of the book Intercultural Communication in Asia: Education, Language and Values by Fenella M. W. Billing
Cover of the book Essential Oils as Reagents in Green Chemistry by Fenella M. W. Billing
Cover of the book Advanced Information Systems Engineering by Fenella M. W. Billing
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