The rise and fall of the right of silence

2018 ◽  
Vol 28 (5) ◽  
pp. 622-624
Author(s):  
Roxanna Dehaghani
Keyword(s):  
2011 ◽  
Vol 9 (1) ◽  
pp. 165-176 ◽  
Author(s):  
Dennis Kurzon

In two English cases which reached the European Court of Human Rights in the mid-2000s, it was argued that the statutory requirement on the part of a motorist who has been caught speeding to give the police information concerning the identity of the driver of the car at the time of the offence is a violation of the right of silence by which a person should not be put into a position that s/he incriminates him/herself. The right of silence is one of the conventional interpretations of Article 6 of the European Convention on Human Rights. As well as a study on the right of silence with regard to written texts, this paper also investigates the two cases in terms of icons and indices: a text may be indexical of a basic human right, and then may become an icon of that right. The European Court of Human Rights considers the particular section of the relevant statute as an icon of the "regulatory regime".


1990 ◽  
Vol 1 (2) ◽  
pp. 167-183
Author(s):  
Barrie Irving ◽  
Ian McKenzie
Keyword(s):  

1992 ◽  
Vol 32 (2) ◽  
pp. 95-96
Author(s):  
Alec Samuels ◽  
JP Barrister
Keyword(s):  

2009 ◽  
Vol 58 (4) ◽  
pp. 835-861 ◽  
Author(s):  
John Jackson

AbstractAs the European Court of Human Rights has come to qualify the privilege against self-incrimination and the right of silence in recent decisions, this article argues that the Court has failed to provide a convincing rationale for these rights. It is claimed that within the criminal process the right of silence should be distinguished from the privilege against self-incrimination and given enhanced effect in order to uphold the protective and participatory rights of the defence which come into play when a suspect is called upon to answer criminal allegations.


Semiotica ◽  
2017 ◽  
Vol 2017 (216) ◽  
pp. 265-279
Author(s):  
Dennis Kurzon

AbstractIn 2003, Gilad Sharon, the younger son of the late Ariel Sharon, then Israeli Prime Minister, was being investigated by the police for his part in what is known as the Cyril Kern affair, which involved not only illegal donations to Ariel Sharon’s campaign fund to become leader of the Likud Party in 1999 but also a long money trail around the world. Large sums of money were being paid to Gilad Sharon as fees for vague consulting services. Since Ariel Sharon was the prime minister and a member of the Knesset, he had immunity from search unless it was withdrawn by the Israeli parliament. Gilad Sharon lived on the same ranch as his father, taking full advantage of his father’s immunity. The police refrained from issuing a search warrant of the Prime Minister’s private home, but demanded documents from Sharon relating to the money trail. When questioned by the police, he claimed the right of silence, which – so it was asserted by Sharon and his lawyers – covered documents he may have in his possession in his house. Moreover, Sharon claimed that the documents may not incriminate him, but someone else (his father). A warrant was issued by the magistrate’s court requiring Sharon to submit the documents. This was overturned by the district court, but finally in December 2003 the Israeli Supreme Court ordered Sharon to submit the documents to the magistrate’s court in order for the proceedings to continue. In the paper, the court case will be examined through the semantics of the phraseimmunity fromfollowing the concept of the semiotic square (e. g., Greimas 1988). It will be shown that the narrative of the case may be built up from one immunity leading to another, and then to a third. The neutral termnot liable to + not immune frommay lead to silence.


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