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 Mechanical Ventilation in Critically Ill Cancer Patients by Fenella M. W. Billing
Cover of the book The Basal Ganglia by Fenella M. W. Billing
Cover of the book Psychosocial Well-being of Children and Adolescents in Latin America by Fenella M. W. Billing
Cover of the book Yeasts in Natural Ecosystems: Diversity by Fenella M. W. Billing
Cover of the book Martin Davis on Computability, Computational Logic, and Mathematical Foundations by Fenella M. W. Billing
Cover of the book Hypervalent Iodine Chemistry by Fenella M. W. Billing
Cover of the book Corrosion Science and Engineering by Fenella M. W. Billing
Cover of the book Clinical Cases in Integrative Dermatology by Fenella M. W. Billing
Cover of the book The Evian Conference of 1938 and the Jewish Refugee Crisis by Fenella M. W. Billing
Cover of the book Advances in Databases and Information Systems by Fenella M. W. Billing
Cover of the book Software Process Improvement and Capability Determination by Fenella M. W. Billing
Cover of the book Developing and Evaluating a Cloud Service Relationship Theory by Fenella M. W. Billing
Cover of the book Decision Support Systems V – Big Data Analytics for Decision Making by Fenella M. W. Billing
Cover of the book Human Rights and Relative Universalism by Fenella M. W. Billing
Cover of the book Exciton Transport Phenomena in GaAs Coupled Quantum Wells 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