Reconceptualising the right of silence as an effective fair trial standard
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...
| Main Author: | |
|---|---|
| Format: | Article |
| Published: |
Cambridge University Press
2009
|
| Online Access: | https://eprints.nottingham.ac.uk/2079/ |
| _version_ | 1848790717172809728 |
|---|---|
| author | Jackson, John |
| author_facet | Jackson, John |
| author_sort | Jackson, John |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-14T18:17:03Z |
| format | Article |
| id | nottingham-2079 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T18:17:03Z |
| publishDate | 2009 |
| publisher | Cambridge University Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-20792020-05-04T20:26:09Z https://eprints.nottingham.ac.uk/2079/ Reconceptualising the right of silence as an effective fair trial standard Jackson, John 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. Cambridge University Press 2009-10 Article PeerReviewed 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 http://dx.doi.org/10.1017/S0020589309001407 doi:10.1017/S0020589309001407 doi:10.1017/S0020589309001407 |
| spellingShingle | Jackson, John Reconceptualising the right of silence as an effective fair trial standard |
| title | Reconceptualising the right of silence as an effective fair trial standard |
| title_full | Reconceptualising the right of silence as an effective fair trial standard |
| title_fullStr | Reconceptualising the right of silence as an effective fair trial standard |
| title_full_unstemmed | Reconceptualising the right of silence as an effective fair trial standard |
| title_short | Reconceptualising the right of silence as an effective fair trial standard |
| title_sort | reconceptualising the right of silence as an effective fair trial standard |
| url | https://eprints.nottingham.ac.uk/2079/ https://eprints.nottingham.ac.uk/2079/ https://eprints.nottingham.ac.uk/2079/ |