- Filename: the-right-against-self-incrimination-in-civil-litigation.
- ISBN: 1570739854
- Release Date: 2001-01-01
- Number of pages: 161
- Publisher: American Bar Association
Challenging the accounts of John Henry Wigmore and Leonard W. Levy, this history of the privilege against self-incrimination demonstrates that what has sometimes been taken to be an unchanging tenet of our legal system has actually encompassed many different legal consequences in a history that reaches back to the Middle Ages. Each chapter of this definitive study uncovers what the privilege meant in practice. The authors trace the privilege from its origins in the medieval period to its first appearance in English common law, and from its translation to the American colonies to its development into an effective protection for criminal defendants in the nineteenth century. The authors show that the modern privilege—the right to remain silent—is far from being a basic civil liberty. Rather, it has evolved through halting and controversial steps. The book also questions how well an expansive notion of the privilege accords with commonly accepted principles of morality. This book constitutes a major revision of our understanding of an important aspect of both criminal and constitutional law.
Tara Bannister’s abusive stepfather finally pushed her too far. To save herself she had to kill him. Or did she? Tara’s confession doesn’t add up, and as her self-defense claim crumbles, attorney Leslie Connors must overcome more than first-trial jitters to mount a credible defense. Leslie must save Tara’s life—against her client’s will. In the midst of this taxing case, Leslie’s wedding plans to law partner Brad Carson are interrupted by a devastating diagnosis. Does she dare tell Brad? Before the final gavel falls, Leslie must confront the truth about herself and her mysterious client, or the darkness of the past will swallow them both.
An extensive analysis of two complementary rights of the accused, their interpretation by the U.S. Supreme Court, and the ongoing debate over their role in the criminal justice system. * Alphabetized set of entries on major personalities such as Joseph McCarthy and judicial decisions such as the Miranda decision and Gideon v. Wainwright * Annotated bibliography containing a full list of references, including a listing of secondary sources cited throughout the book
The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.
This book is an introduction to the Fifth Amendment which empowers the people as it guarantees valuable protections on a daily basis within the justice system.
"A compilation of the original Dicta published by the Virginia Law Weekly 1953-1954."--T.p.
This collection bundles two of acclaimed author Randy Singer’s legal thrillers into one e-book for a great value! Directed Verdict In Saudi Arabia, two American missionaries are targeted by the infamous religious police—Muttawa. The man is tortured and killed; his wife arrested on trumped-up charges before being deported to the United States. Compelled by the injustice of her plight, young attorney Brad Carlson files an unprecedented civil rights suit against Saudi Arabia and the ruthless head of the Muttawa. But the suit unleashes powerful forces that will stop at nothing to vindicate the Arabian kingdom. Witnesses are intimidated and some disappear; jurors are bribed; and a member of Brad’s own team may be attempting to sabotage the case. As Brad navigates a maze of treachery and deception, he must gamble his case, his career, and the lives of those he loves on his ability to bring justice to one family, challenge the religious intolerance of a nation, and alter the course of international law. Directed Verdict is a Christy Award–winning novel. Self Incrimination Tara Bannister’s abusive stepfather finally pushed her too far. To save herself she had to kill him. Or did she? Tara’s confession doesn’t add up, and as her self-defense claim crumbles, attorney Leslie Connors must overcome more than first-trial jitters to mount a credible defense. Leslie must save Tara’s life—against her client’s will. In the midst of this taxing case, Leslie’s wedding plans to law partner Brad Carson are interrupted by a devastating diagnosis. Does she dare tell Brad? Before the final gavel falls, Leslie must confront the truth about herself and her mysterious client, or the darkness of the past will swallow them both.