Reconceptualising the right of silence as an effective fair trial standard

Jackson, John

Abstract

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.

Citation

Jackson, J. (2009). Reconceptualising the right of silence as an effective fair trial standard. International and Comparative Law Quarterly, 58(4), https://doi.org/10.1017/S0020589309001407

• Journal Article Type: Article
• Publication Date: Oct 1, 2009
• Deposit Date: Jul 18, 2013
• Publicly Available Date: Jul 18, 2013
• Journal: International and Comparative Law Quarterly
• Print ISSN: 0020-5893
• Electronic ISSN: 1471-6895
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 58
• Issue: 4
• DOI: https://doi.org/10.1017/S0020589309001407
• Public URL: https://nottingham-repository.worktribe.com/output/1013574
• Publisher URL: http://dx.doi.org/10.1017/S0020589309001407
• Additional Information: Copyright: British Institute of International and Comparative Law; Available online: http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=6390580&fulltextType=RA&fileId=S0020589309001407