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Compelled Self-incrimination and Incriminating Silence

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0017
Subject:
Law, Criminal Law and Criminology

This chapter deals with the evidential use of incriminating material at a criminal trial. Where the law provides for the examination of the citizen under the compulsion of punishment for failure to ... More


Silence, Confessions and Improperly Obtained Evidence

Peter Mirfield

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.001.0001
Subject:
Law, Criminal Law and Criminology

This book examines in some detail the law relating to confessions, unlawful evidence, and the ‘right to silence’ in the police station. It also looks at the principles which lie behind this branch of ... More


The Relevance of the European Convention on Human Rights

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0019
Subject:
Law, Criminal Law and Criminology

At various points in this text, it would have been relevant to refer to the possible significance of the various Articles of the European Convention on Human Rights for the interpretation of the ... More


The Principles Behind Exclusion

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0010
Subject:
Law, Criminal Law and Criminology

Judges have been reluctant to articulate what principle or principles lie behind the various rules and discretionary powers governing confessions, unlawfully or unfairly obtained evidence, or the ... More


Self-Rule and Procedural Justice

ALAN BRUDNER

in Constitutional Goods

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the ways in which a government's duty under egalitarian public reason to provide conditions for self-rule is concretized within the liberal constitution. In particular, it ... More


The Exclusionary Rules against Illegally Obtained Evidence

Jiahong He

in Back from the Dead: Wrongful Convictions and Criminal Justice in China

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824856618
eISBN:
9780824868703
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824856618.003.0012
Subject:
Society and Culture, Asian Studies

In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial ... More


Negotiating the Right to Remain Silent in Inquisitorial Trials

Fleur van der Houwen and Guusje Jol

in Discursive Constructions of Consent in the Legal Process

Published in print:
2016
Published Online:
March 2016
ISBN:
9780199945351
eISBN:
9780190279219
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199945351.003.0012
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Suspects who stand trial in Dutch inquisitorial court do not need to answer questions from the judge, or any participant in the trial. Judges advise suspects of this right—that is, they caution them. ... More


The Right to a Fair Trial in Practice in International Criminal Trials

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0003
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines the components of the right to a fair trial in detail, going beyond the statutory provisions on the rights of the accused to incorporate such rights as the right to appeal, the ... More


European Antitrust Criminalization and the First Challenge of Due Process: A ‘Strengthening of Rights’ in Favour of the Accused?

Peter Whelan

in The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199670062
eISBN:
9780191749445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670062.003.0005
Subject:
Law, Employment Law, Competition Law

This chapter determines whether in practice the concept of due process obstructs a project of antitrust criminalization which respects the procedural requirements of European human rights law. It ... More


European Influences on the Pretrial Defense Role

Jacqueline S. Hodgson

in The Metamorphosis of Criminal Justice: A Comparative Account

Published in print:
2020
Published Online:
April 2020
ISBN:
9780199981427
eISBN:
9780190096649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199981427.003.0006
Subject:
Law, Comparative Law, Criminal Law and Criminology

This chapter examines the changing ways in which the role of the criminal defense lawyer is structured and understood within different procedural traditions, and the challenges posed to individual ... More


Introduction

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0009
Subject:
Law, Criminal Law and Criminology

This book explores three topics in the law of evidence which might once have been considered separately but which are now so interwoven that such an approach seems no longer eligible. They are the ... More


Fairness in International Criminal Trials

Yvonne McDermott

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This work examines the fair trial standards embraced by the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra ... More


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