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…
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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
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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.
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.
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.
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.
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 .
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.
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.
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).
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.
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
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