Constitutionally heeding the right to silence in Australia

Gray, Anthony (2013) Constitutionally heeding the right to silence in Australia. Monash University Law Review, 39 (1). pp. 156-187. ISSN 0311-3140


Abstract

This paper considers options to constitutionally protect the right to silence in Australia. This right is being progressively being undermined by legislation applying both prior to and at trial. It is a hard-won, fundamental right and should be protected. This article argues the High Court's acceptance of the right to a fair trial could be utilised to argue that it is inconsistent with the use of evidence obtained against a person in breach of their right to silence.


Statistics for USQ ePrint 24044
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to Published version in accordance with the copyright policy of the publisher.
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Faculty/School / Institute/Centre: Historic - Faculty of Business and Law - School of Law (1 Jan 2011 - 30 Jun 2013)
Date Deposited: 17 Sep 2013 00:22
Last Modified: 08 Sep 2017 05:08
Uncontrolled Keywords: right to silence; privilege; self-incrimination; Fifth Amendment; Miranda; fair trial
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
16 Studies in Human Society > 1605 Policy and Administration > 160510 Public Policy
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4807 Public law > 480702 Constitutional law
44 HUMAN SOCIETY > 4407 Policy and administration > 440709 Public policy
48 LAW AND LEGAL STUDIES > 4804 Law in context > 480410 Legal theory, jurisprudence and legal interpretation
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/24044

Actions (login required)

View Item Archive Repository Staff Only