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OverviewThis book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance. Full Product DetailsAuthor: Fenella M. W. BillingPublisher: Springer International Publishing AG Imprint: Springer International Publishing AG Edition: 1st ed. 2016 Dimensions: Width: 15.50cm , Height: 2.20cm , Length: 23.50cm Weight: 7.037kg ISBN: 9783319420332ISBN 10: 331942033 Pages: 372 Publication Date: 09 September 2016 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand We will order this item for you from a manufactured on demand supplier. Table of ContentsReviewsAuthor InformationTab Content 6Author Website:Countries AvailableAll regions |