The right to silence: using American and European law to protect a fundamental right

Gray, Anthony (2013) The right to silence: using American and European law to protect a fundamental right. New Criminal Law Review, 16 (4). pp. 527-567. ISSN 1933-4192

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Abstract

This article considers how fundamental rights such as the right to silence can be protected in countries without a formal bill of rights. Using Australia as an example of such a country, the article traces a brief history of the right, before pointing out how the Australian case law has allowed legislatures to depart from it, using specific examples. It summarises the extent to which such a right is protected in North American and European law, before considering how such jurisprudence might be applied in Australia and elsewhere to ensure the hard-fought right to silence is preserved.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © 2013 The Regents of the University of California. Paper must carry the following information: Published as [provide complete bibliographic citation, as appears in the print version of your journal].
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 03 Oct 2013 01:38
Last Modified: 25 Jun 2014 00:13
Uncontrolled Keywords: right to silence; Fifth Amendment; privilege against self-incrimination; evidence; fair trial; due process
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
22 Philosophy and Religious Studies > 2202 History and Philosophy of Specific Fields > 220204 History and Philosophy of Law and Justice
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
Identification Number or DOI: 10.1525/NCLR.2013.0038
URI: http://eprints.usq.edu.au/id/eprint/24108

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