Silence and Confessions [electronic resource] : The Suspect as the Source of Evidence /
Easton, S.author.
This book examines the treatment of suspects in interrogation and explores issues surrounding the right to silence. Employing a socio-legal approach, it draws from empirical research in the social sciences including social psychology to understand the problem of obtaining reliable evidence during interrogation.
Description based upon print version of record.
Cover; Half-Title; Title; Copyrights; Dedication; Contents; Acknowledgements; Table of Statutes; Table of Cases; 1 Introduction; 2 The Debate on the Right to Silence; Introduction; Silence in court; Silence during police interrogation; The debate on the right to silence; The Criminal Evidence (Northern Ireland) Order; The Home Office Working Group on the Right to Silence; The attack on the right to silence in the 1990s; Advance disclosure; The statutory duty to answer questions; Silence at common law; Conclusion; 3 The Impact of the Criminal Justice and Public Order Act 1994; Introduction
Silence in courtPre-trial silence; Interpreting Section 34; The effect of legal advice; Exercising the right to silence; Conclusion; 4 The Influence of International Human Rights Standards on the Treatment of Suspects; Introduction; The key sources of international human rights law; The European Convention on Human Rights; The interrogation of suspects; Conditions in detention and extended detention; The privilege against self-incrimination and the presumption of innocence; Conclusion; 5 The Legal Framework of Interrogation; Introduction; The audio and visual recording of interviews
Access to legal adviceThe quality of legal advice; Informal interviews; Voluntary confessions; Exclusionary discretion; Vulnerable suspects; Miranda v Arizona and its legacy; The experience of Canada; Conclusion; 6 False Confessions; Introduction; Miscarriages of justice; Reviewing miscarriages of justice; Waiver: the dangers of speaking; False confessions; The typology of false confessions; Tunnel vision in interrogations; The dynamics of interrogation; Conclusion; 7 Suspects and 'Suspect Communities'; Introduction; Policing Northern Ireland; Detention and questioning in Northern Ireland
The use of emergency powersContemporary counter-terrorism measures; Control Orders and TPIMs; The use of Schedule 7 and Section 44; The disparate impact of counter-terrorism measures; The policing of black and minority ethnic communities; Conclusion; 8 The Body as Evidence; Introduction; The provision of forensic science services; The admissibility of DNA evidence; The privilege against self-incrimination; Obtaining and retaining bodily samples; Conclusion; 9 Conclusion; Introduction; Corroboration of confession evidence; Future directions; Bibliography; Index
Includes bibliographical references and index.
This book examines the treatment of suspects in interrogation and explores issues surrounding the right to silence. Employing a socio-legal approach, it draws from empirical research in the social sciences including social psychology to understand the problem of obtaining reliable evidence during interrogation.
Crime-Sociological aspects.
Criminology.
Personality.
Social psychology.
Criminal law.
Law.
Law-Philosophy.
Crime and Society.
Criminology and Criminal Justice, general.
Personality and Social Psychology.
Criminal Law and Criminal Procedure Law.
Law, general.
Theories of Law, Philosophy of Law, Legal History.