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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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The Right to Silence in Transnational Criminal Proceedings: Comparative Law Perspectives


ISBN13: 9783319420332
Published: September 2016
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £104.50



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
International Criminal Law
Contents:
Part I: The right to silence in context: Introduction.
Development of the right to silence in international human rights law.

Part II: National perspectives on the right to silence: The right to silence in Denmark.
The right to silence in England and Wales.
The right to silence in Australia.

Part III: Admissibility of confession evidence across borders: A transnational perspective.
Mutual trust and the right to silence in international cooperation.
Balancing the right to silence in transnational criminal cases.