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The Right to Silence in Transnational Criminal Proceedings

Comparative Law Perspectives

Authors: Billing, Fenella M. W.

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  • Presents a comprehensive analysis of the right to silence in several normative systems
  • Highlights the challenges of admissibility of evidence in transnational criminal proceedings
  • Challenges fundamental concepts in international cooperation, such as mutual trust
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eBook £95.50
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  • ISBN 978-3-319-42034-9
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Hardcover £139.99
price for United Kingdom (gross)
  • ISBN 978-3-319-42033-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover £119.99
price for United Kingdom (gross)
  • ISBN 978-3-319-82484-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

Table of contents (8 chapters)

Table of contents (8 chapters)

Buy this book

eBook £95.50
price for United Kingdom (gross)
  • ISBN 978-3-319-42034-9
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover £139.99
price for United Kingdom (gross)
  • ISBN 978-3-319-42033-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover £119.99
price for United Kingdom (gross)
  • ISBN 978-3-319-82484-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The Right to Silence in Transnational Criminal Proceedings
Book Subtitle
Comparative Law Perspectives
Authors
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-42034-9
DOI
10.1007/978-3-319-42034-9
Hardcover ISBN
978-3-319-42033-2
Softcover ISBN
978-3-319-82484-0
Edition Number
1
Number of Pages
XV, 372
Number of Illustrations
3 b/w illustrations
Topics