Nobody downloaded yet

Right to silence - Protecting only the guilty - Dissertation Example

Comments (0) Cite this document
Summary
Literature Review It has been argued that the right to silence merely protects the guilty, since those with nothing to fear will speak out what is in their minds candidly and spontaneously. It is only the guilty who need to hide the truth of what had really transpired and would seek refuge in the sanctity of silence, so that they do not blurt out their own guilt and complicity in the crime committed, or planned to be commissioned…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.1% of users find it useful
Right to silence - Protecting only the guilty
Read TextPreview

Extract of sample
"Right to silence - Protecting only the guilty"

Download file to see previous pages It would also be necessary in this review of literature to consider the situation that would arise should the rule be abolished in its entirety. Besides, it would also be appropriate to assess the effect on legal professional privileges as a result of the change in rules and its impact on the conduct of criminal cases. Present status of the right to remain silent: Under the laws of the United States, a person cannot testify for himself. Thus, under the Fifth Amendment of the US Constitution, a person cannot be compelled in any criminal case to be a witness against himself.” (U.S. Constitution: Fifth Amendment, 2011). Thus it is well within the ambit of a person’s Fifth Amendment rights to refuse to answer any questions put forth by a policemen or any law enforcement authority to assess a person’s complicity or otherwise in a crime. A person could refuse to testify not only in order to save himself from the possible use of his stated words against himself, or even to disapprove his involvement, or state a claim of his innocence in a given case scenario. However, the laws are now changing and there are proposals to bring about reforms in the aspect of the right to remain silent during questioning. In the landmark case of Miranda v Arizona 384 U.S. 436 (1966), the Court reiterated the suspect’s rights under Fifth and Sixth Amendment of US Constitution. A suspect does have a right to remain silent and also has to be informed that whatever statements he makes could be used as evidence against him during trial proceedings. Besides, a suspect has the right to a lawyer, who could act as his counsel and be present during interrogation of the suspect.”You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (What are your Miranda Rights?, 2010). However, it is seen that in recent times, there are proposals to change or reform the concept of the right to silence enjoyed by suspects in cases. In the year 2010 case of Berghuis v. Thompkins, the defendant, Thompkins accused of first degree murder failed to invoke his Miranda rights to remain silent and to counsel because he failed to do so "unambiguously." Moreover, the Supreme Court reasoned that Mr. Thompkins waived his Miranda right to remain silent when he "knowingly and voluntarily" made a statement to the police. The Supreme Court further held that, even if Mr. Thompkins' counsel was ineffective, he cannot show he was prejudiced by counsel's deficient performance – a prerequisite to establishing that his Sixth Amendment right was violated.” (Thompkins, 2009). This was indeed a departure from the Miranda judgment regarding enforcement of Fifth Amendment laws, and is a decision by the United States Supreme Court in which the Court considered the position of a suspect who understands his or her right to remain silent under Miranda v. Arizona and is aware he or she has the right to remain silent, but does not explicitly invoke or waive the right. The changes in the law are evident in the fact that Miranda ruling could not be enforced in the Sebastien Boucher case. In a recent case of In re Grand ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Right to silence - Protecting only the guilty Dissertation”, n.d.)
Retrieved from https://studentshare.org/family-consumer-science/1412807-right-to-silence-protecting-only-the-guilty
(Right to Silence - Protecting Only the Guilty Dissertation)
https://studentshare.org/family-consumer-science/1412807-right-to-silence-protecting-only-the-guilty.
“Right to Silence - Protecting Only the Guilty Dissertation”, n.d. https://studentshare.org/family-consumer-science/1412807-right-to-silence-protecting-only-the-guilty.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Protecting Environment via Civil Regulating of Firms Behaviour
Research findings indicate that historically, states have taken a command and control approach to regulating business firms’ environmentally significant behaviour. Research findings also indicate that this approach has been highly complex and fragmented with the result that firms either find it difficult to comply or do not have the requisite incentive to fully understand or follow institutional and state standards of behaviour.
22 Pages(5500 words)Dissertation
Is Sims Metal Management making the right strategic initiatives in the metal recycling industry
The research has been conducted on the employees of the firm to assess how the firm is coping with the environment and how it has adjusted to the changing needs of the environment. Moreover, the firm has also indulged in CSR initiatives but simultaneously it dint have enough safety measures for its employees.
40 Pages(10000 words)Dissertation
Female Victims of Miscarriage of Justices
It has the capacity to expose the inadequacies in the system in a manner that is not only vivid but also out in the open. Such exposure is comparatively infrequent, and a substantial number of instances of miscarriage of justice are never disclosed.1 With regard to serious crime, individuals convicted on questionable grounds are constrained to undergo punishment and other consequences, and in the absence of public awareness regarding the occurrence of a miscarriage of justice.
48 Pages(12000 words)Dissertation
Giving Voice to Silence: The effects of silence in cultural and global communication
With this point of view, the theory of ‘spiral of silence’ has as a fundamental premise that societies threaten with seclusion those people who digress from norms, and that people, consequently, feel a fear of seclusion. The intimidation of individuals by society and the level of individual fear of seclusion are believed to operate together to create a unified community by, among other things, affecting the public voicing of opinions.
18 Pages(4500 words)Dissertation
How best can transportation facilities be improved in Namibia,a country of only 2million people
The purpose of the study is to understand the impact of transport on the Namibian economical infrastructure. The findings of this study will contribute to the already existing studies on transport that have established the importance of transport and economic development .
4 Pages(1000 words)Dissertation
The recent tendency to reorganize the notion of accused right parallel to the right of the victim, evaluation from the initiativ
ent facilities and time to prepare a defence as well as the right to be fully informed of the charges against him/her, to be represented by legal counsel and to examine witnesses.4 Vastly similar rights are contained in Article 67 of the Rome Statute of the International Criminal Court 1998 (ICC).5 The rights of the accused in terms of procedural fairness in international criminal proceedings go back to the formation of the International Military Tribunal which was established in Nuremberg following the Second World War.
8 Pages(2000 words)Dissertation
French Immigration Law through a European perspective. An analysis of the right to free movement of EU Nationals in France
This dissertation shall likewise analyze and critique the breadth and limitations of the EU law in France considering its new immigration and integration law. It shall likewise be ascertained whether the measures adopted by France have legal leg to stand on or simply put, this dissertation shall determine if France acted in conformity of the rights conferred to it as a community member.
26 Pages(6500 words)Dissertation
Logistic management or supply chain management select one topic only
The second section discusses the methodology and techniques used in this study. This section of the study will discuss about the methodology of utilizing the Lean management approach to the two logistic companies under study in this paper – BLG Logistics (Germany) and Al Takhzeen Logistics (Saudi Arabia).
20 Pages(5000 words)Dissertation
Evidence Is The Basis of Justice
Jeremy Bentham’s idea is that by excluding evidence adverse to the defendant/accused under some pretext or other, justice should not be denied to the plaintiff/complainant. The reverse can also be the case. Jeremy Bentham lays down certain principles as a standard of reference or as a guide for practice.
17 Pages(4250 words)Dissertation
Social Work Intervention On Parents Who Are Drug Users
At the dawn of the modern era the cross-cultural exchange of goods, including psychoactive substances, accelerated as Europeans ventured across the oceans. This indicates travel has increased the spread of drug abuse throughout the globe where there was a scope of cross-cultural exchange of habits.
47 Pages(11750 words)Dissertation
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Dissertation on topic Right to silence - Protecting only the guilty for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us