Right to Counsel and Privilege against Self-Incrimination. by p>John B. Taylor PDF

By p>John B. Taylor

An wide research of 2 complementary rights of the accused, their interpretation via the U.S. excellent courtroom, and the continuing debate over their position within the legal justice system.

• Alphabetized set of entries on significant personalities corresponding to Joseph McCarthy and judicial judgements similar to the Miranda selection and Gideon v. Wainwright

• Annotated bibliography containing an entire checklist of references, together with an inventory of secondary assets pointed out in the course of the book

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Additional info for Right to Counsel and Privilege against Self-Incrimination. Rights and Liberties under the Law

Sample text

That privilege relates to “the processes of justice by which the accused may be called as a witness and required to testify. Compulsion by torture to extort a confession is a different matter” (Brown v. Mississippi 285 [1936]). On the other hand, the Mooney precedent disallowing a state’s use of perjured testimony was indeed relevant, for “the trial equally is a mere pretense where the state authorities have contrived a conviction resting solely upon confessions obtained by violence. . It would be difficult to conceive of methods more revolting to the sense of justice than those taken to procure the confessions of these petitioners, and the use of the confessions thus obtained as the basis for conviction and sentence was a clear denial of due process” (Brown v.

Only as English trials evolved in this fashion in the late eighteenth and early nineteenth centuries could defendants afford to assert an emerging right not to incriminate themselves (Helmholz et al. 1997, 82–100; Perry 1959, 136). A closely related issue arose from the fact that defendants were subject to pretrial interrogation by a justice of the peace whose purpose was to bully them into providing information that would aid the prosecution and would be used at trial even if they chose not to speak there.

Torture, occasionally employed by royal agents, died out after the 1640s, and the system was moving toward an understanding that confessions should not be admitted into evidence unless they were voluntary—if only because involuntary confessions might well be untrue. The right of defendants not to have involuntary confessions used against them in English courts gradually evolved during the eighteenth century but was not fully elaborated until the middle of the nineteenth century, and controversy did not cease even then (Helmholz et al.

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Right to Counsel and Privilege against Self-Incrimination. Rights and Liberties under the Law by p>John B. Taylor


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