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Silence and confessions : the suspect as the source of evidence / Susan Easton, Reader in Law, Brunel Law School, UK.
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Title:Silence and confessions : the suspect as the source of evidence / Susan Easton, Reader in Law, Brunel Law School, UK.
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Author/Creator:Easton, Susan M., author.
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Published/Created:Houndmills, Basingstoke, Hampshire ; New York, NY : Palgrave Macmillan, 2014.
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Holdings
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K5473 .E17 2014
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Number of Items:1
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Status:c.1 On loan - Due on 09-15-2024
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Confession (Law)
Confession (Law)--Great Britain.
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Description:xviii, 256 pages ; 23 cm
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Series:Online access with purchase: Palgrave Connect (Social Sciences Collection)
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Summary:"Silence and Confessions examines the treatment of suspects in interrogation and explores issues surrounding the right to silence and confession evidence. Employing a socio-legal approach, it draws from empirical research in the social sciences including social psychology to understand the challenges in obtaining reliable evidence and maintaining the integrity of the interrogation process. Providing unique insights into the process of interrogation and the experiences of the suspect during interview, this book highlights the dangers facing vulnerable suspects and the problems of identifying and preventing false confessions. It approaches the topic of the right to silence broadly and includes in-depth discussion of the problems with confession evidence, critiquing the discouragement of suspects from exercising their right to silence. Easton's examination of the relationship between the state and the suspect, the equality of arms principle and the problem of reconciling competing interests and principles in the criminal justice process will be essential reading for scholars in Criminology, Criminal Justice and Law, particularly those interested in evidence and law and society."-- Provided by publisher.
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Notes:Includes bibliographical references and index.
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ISBN:9781137333810 (hardback)
1137333812 (hardback)
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Contents:Machine generated contents note: 1. Introduction
2. Debate on the Right to Silence
Introduction
Silence in court
Silence during police interrogation
debate on the right to silence
Criminal Evidence (Northern Ireland) Order
Home Office Working Group on the Right to Silence
attack on the right to silence in the 1990s
Advance disclosure
statutory duty to answer questions
Silence at common law
Conclusion
3. Impact of the Criminal Justice and Public Order Act 1994
Introduction
Silence in court
Pre-trial silence
Interpreting Section 34
effect of legal advice
Exercising the right to silence
Conclusion
4. Influence of International Human Rights Standards on the Treatment of Suspects
Introduction
key sources of international human rights law
European Convention on Human Rights
interrogation of suspects
Conditions in detention and extended detention
privilege against self-incrimination and the presumption of innocence
Conclusion
5. Legal Framework of Interrogation
Introduction
audio and visual recording of interviews
Access to legal advice
quality of legal advice
Informal interviews
Voluntary confessions
Exclusionary discretion
Vulnerable suspects
Miranda V Arizona and its legacy
experience of Canada
Conclusion
6. False Confessions
Introduction
Miscarriages of justice
Reviewing miscarriages of justice
Waiver: the dangers of speaking
False confessions
typology of false confessions
Tunnel vision in interrogations
dynamics of interrogation
Conclusion
7. Suspects and `Suspect Communities'
Introduction
Policing Northern Ireland
Detention and questioning in Northern Ireland
use of emergency powers
Contemporary counter-terrorism measures
Control Orders and TPIMs
use of Schedule 7 and Section 44
disparate impact of counter-terrorism measures
policing of black and minority ethnic communities
Conclusion
8. Body as Evidence
Introduction
provision of forensic science services
admissibility of DNA evidence
privilege against self-incrimination
Obtaining and retaining bodily samples
Conclusion
9. Conclusion
Introduction
Corroboration of confession evidence
Future directions.