Reconceptualising the right of silence as an effective fair trial standard

Jackson, John (2009) Reconceptualising the right of silence as an effective fair trial standard. International and Comparative Law Quarterly, 58 (4). 835 -861. ISSN 0020-5893

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Abstract

As the European Court of Human Rights has come to qualify the privilege against self-incrimination and the right of silence in recent decisions, this article argues that the Court has failed to provide a convincing rationale for these rights. It is claimed that within the criminal process the right of silence should be distinguished from the privilege against self-incrimination and given enhanced effect in order to uphold the protective and participatory rights of the defence which come into play when a suspect is

called upon to answer criminal allegations.

Item Type: Article
Additional Information: Copyright: British Institute of International and Comparative Law Available online: http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=6390580&fulltextType=RA&fileId=S0020589309001407
Schools/Departments: University of Nottingham UK Campus > Faculty of Social Sciences > School of Law
Depositing User: Jackson, Prof John
Date Deposited: 18 Jul 2013 09:28
Last Modified: 15 May 2016 19:18
URI: http://eprints.nottingham.ac.uk/id/eprint/2079

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