Reconceptualising the right of silence as an effective fair trial standard

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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
RIS ID: https://nottingham-repository.worktribe.com/output/1013574
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 > Faculty of Social Sciences > School of Law
Identification Number: 10.1017/S0020589309001407
Depositing User: Jackson, Prof John
Date Deposited: 18 Jul 2013 09:28
Last Modified: 04 May 2020 20:26
URI: https://eprints.nottingham.ac.uk/id/eprint/2079

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