The Right to Silence in Transnational Criminal Proceedings - Comparative Law Perspectives (Hardcover, 1st ed. 2016)

This book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person's silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.

General

Imprint:	Springer International Publishing AG
Country of origin:	Switzerland
Release date:	September 2016
First published:	2016
Authors:	Fenella M W Billing
Dimensions:	235 x 155 x 22mm (L x W x T)
Format:	Hardcover
Pages:	372
Edition:	1st ed. 2016
ISBN-13:	978-3-319-42033-2
Categories:	Books > Law > International law > International criminal law Books > Law > Laws of other jurisdictions & general law > Criminal law Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
LSN:	3-319-42033-X
Barcode:	9783319420332

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