Search results
Results from the WOW.Com Content Network
Portrait of English judge Sir Edward Coke. Neither the reasons nor the history behind the right to silence are entirely clear. The Latin brocard nemo tenetur se ipsum accusare ('no man is bound to accuse himself') became a rallying cry for religious and political dissidents who were prosecuted in the Star Chamber and High Commission of 16th-century England.
The right had already been reduced for those accused of terrorist offences, or questioned by the Serious Fraud Office or the Royal Ulster Constabulary, but in 1994 the Criminal Justice and Public Order Act modified the right to silence for any person under police questioning in England and Wales.
Adverse inference is a legal inference, adverse to the concerned party, drawn from silence or absence of requested evidence. It is part of evidence codes based on common law in various countries. According to Lawvibe, "the 'adverse inference' can be quite damning at trial .
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial.In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged ...
Saint Anne, Coptic tempera plaster wall painting from the 8th century 18 seconds of silence. Silence is the absence of ambient audible sound, the emission of sounds of such low intensity that they do not draw attention to themselves, or the state of having ceased to produce sounds; this latter sense can be extended to apply to the cessation or absence of any form of communication, whether ...
The right to silence in Australia is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more ...
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
Freedom of expression embraces free speech, a free press, transmission and receipt of ideas and information, freedom of expression in art, and the right to silence. The right to seek access to official records is also seen as part of the right to freedom of expression, as provided for in the Official Information Act 1982.