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Reconceptualising the right of silence as an effective fair trial standard

Jackson, John

Authors

John Jackson j.jackson@nottingham.ac.uk



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.

Journal Article Type Article
Publication Date Oct 1, 2009
Journal International and Comparative Law Quarterly
Print ISSN 0020-5893
Electronic ISSN 0020-5893
Publisher Cambridge University Press (CUP)
Peer Reviewed Peer Reviewed
Volume 58
Issue 4
APA6 Citation Jackson, J. (2009). Reconceptualising the right of silence as an effective fair trial standard. International and Comparative Law Quarterly, 58(4), doi:10.1017/S0020589309001407
DOI https://doi.org/10.1017/S0020589309001407
Publisher URL http://dx.doi.org/10.1017/S0020589309001407
Copyright Statement Copyright information regarding this work can be found at the following address: http://eprints.nottingh.../end_user_agreement.pdf
Additional Information Copyright: British Institute of International and Comparative Law
Available online: http://journals.cambrid...ileId=S0020589309001407

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Copyright Statement
Copyright information regarding this work can be found at the following address: http://eprints.nottingham.ac.uk/end_user_agreement.pdf





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