Right to Non Self-Incrimination - Revision history

Durankar at 15:32, 31 January 2011

2011-01-31T15:32:52Z

← Older revision		Revision as of 17:32, 31 January 2011
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	=Background=		=Background=

	A right to non self-incrimination exists in many jurisdictions. In the United States, this is called the [[Right to Silence \| right to remain silent]]. The court recognizes this right in several ways. First, the court has recognized the right to non self-incrimination when it fashions common law privileges such as the attorney-client privilege, [[Marital Confidences and Spousal Testimonial Privileges\|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege\| priest-penitent privilege]]. In the United States a defendant is notified of this right by police through Miranda Warnings.		A right to non-self-incrimination exists in many jurisdictions. In the United States, this is called the [[Right to Silence \| right to remain silent]]. The court recognizes this right in several ways. First, the court has recognized the right to non-self-incrimination when it fashions common law privileges such as the attorney-client privilege, [[Marital Confidences and Spousal Testimonial Privileges\|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege\| priest-penitent privilege]]. In the United States a defendant is notified of this right by police through Miranda Warnings.

	Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.		Because the defendant has a right to non-self-incrimination, she cannot be compelled to be a witness by the court.

	=International Law=		=International Law=

	The European Convention on Human Rights article 6 section 2 provides for the right of non self-incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 European Convention on Human Rights]</ref> The right of non self-incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non self-incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>		The European Convention on Human Rights article 6 section 2 provides for the right of non-self-incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 European Convention on Human Rights]</ref> The right of non-self-incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non-self-incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>

	=Country Specific Examples=		=Country Specific Examples=
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	==United States==		==United States==

	A criminal defendant has the right to non self-incrimination at trial. This right comes from the 5th Amendment's right to remain silent. <ref>See Malloy v. Hogan, 378 U.S. 1, 6 (1964) (extending the 5th Amendment's protection against compulsory self-incrimination in court extends to the states through the 14th Amendment).</ref> In addition to protecting the defendant from forced testimony, the 5th Amendment also protects the defendant from having the defendant's silence used as evidence of guilt.<ref>Griffin v. California, 380 U.S. 609, 615 (1965)("We take that in its literal sense and hold that the Fifth Amendment, in its direct application to the Federal Government and in its bearing on the States by reason of the Fourteenth Amendment, forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt.").</ref>		A criminal defendant has the right to non-self-incrimination at trial. This right comes from the 5th Amendment's right to remain silent. <ref>See Malloy v. Hogan, 378 U.S. 1, 6 (1964) (extending the 5th Amendment's protection against compulsory self-incrimination in court extends to the states through the 14th Amendment).</ref> In addition to protecting the defendant from forced testimony, the 5th Amendment also protects the defendant from having the defendant's silence used as evidence of guilt.<ref>Griffin v. California, 380 U.S. 609, 615 (1965)("We take that in its literal sense and hold that the Fifth Amendment, in its direct application to the Federal Government and in its bearing on the States by reason of the Fourteenth Amendment, forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt.").</ref>

	==Kenya==		==Kenya==

Durankar: /* International Law */

2011-01-31T15:30:14Z

International Law

← Older revision		Revision as of 17:30, 31 January 2011
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	=International Law=		=International Law=

	The European Convention on Human Rights article 6 section 2 provides for the right of non-~~self~~ incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 European Convention on Human Rights]</ref> The right of non-~~self~~ incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non-~~self~~ incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>		The European Convention on Human Rights article 6 section 2 provides for the right of non self-incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 European Convention on Human Rights]</ref> The right of non self-incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non self-incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>

	=Country Specific Examples=		=Country Specific Examples=

Durankar: /* International Law */

2011-01-31T13:53:12Z

International Law

← Older revision		Revision as of 15:53, 31 January 2011
Line 7:		Line 7:
	=International Law=		=International Law=

	The European Convention on Human Rights article 6 section 2 provides for the right of non-self incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 \| European Convention on Human Rights]</ref> The right of non-self incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non-self incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>		The European Convention on Human Rights article 6 section 2 provides for the right of non-self incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 European Convention on Human Rights]</ref> The right of non-self incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non-self incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>

	=Country Specific Examples=		=Country Specific Examples=

Durankar: /* International Law */

2011-01-31T13:52:48Z

International Law

← Older revision		Revision as of 15:52, 31 January 2011
Line 7:		Line 7:
	=International Law=		=International Law=

	The European Convention on Human Rights article 6 section 2 provides for the right of non-self incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 \|European Convention on Human Rights]</ref> The right of non-self incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non-self incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>		The European Convention on Human Rights article 6 section 2 provides for the right of non-self incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 \| European Convention on Human Rights]</ref> The right of non-self incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non-self incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>

	=Country Specific Examples=		=Country Specific Examples=

Durankar: /* International Law */

2011-01-31T13:52:07Z

International Law

← Older revision		Revision as of 15:52, 31 January 2011
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	Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.		Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.

	=International Law=		=International Law=


			The European Convention on Human Rights article 6 section 2 provides for the right of non-self incrimination.<ref>[http://www.hri.org/docs/ECHR50.html#C.Art6 \|European Convention on Human Rights]</ref> The right of non-self incrimination includes the right to remain silent and the presumption of innocence.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref> The European Convention on Human Rights includes the right to non-self incrimination to project defendants from improper compulsion, reducing the likelihood of a miscarriage of justice.<ref>Stefan Lorenzmeier, The Right to a Fair Trial in Europe? -- Procedural Guarantees Under the European Convention on Human Rights, Journal of the Institute of Justice and International Studies 40, 46 (2007).</ref>

	=Country Specific Examples=		=Country Specific Examples=

Durankar: /* United States */

2011-01-17T13:51:37Z

United States

← Older revision		Revision as of 15:51, 17 January 2011
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	==United States==		==United States==

	A criminal defendant has the right to non self-incrimination at trial. This right comes from the 5th Amendment's right to remain silent. <ref>See Malloy v. Hogan, 378 U.S. 1, 6 (1964) (extending the 5th Amendment's protection against compulsory self-incrimination in court extends to the states through the 14th Amendment).</ref>		A criminal defendant has the right to non self-incrimination at trial. This right comes from the 5th Amendment's right to remain silent. <ref>See Malloy v. Hogan, 378 U.S. 1, 6 (1964) (extending the 5th Amendment's protection against compulsory self-incrimination in court extends to the states through the 14th Amendment).</ref> In addition to protecting the defendant from forced testimony, the 5th Amendment also protects the defendant from having the defendant's silence used as evidence of guilt.<ref>Griffin v. California, 380 U.S. 609, 615 (1965)("We take that in its literal sense and hold that the Fifth Amendment, in its direct application to the Federal Government and in its bearing on the States by reason of the Fourteenth Amendment, forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt.").</ref>

	==Kenya==		==Kenya==

Durankar: /* Country Specific Examples */

2011-01-17T13:42:48Z

Country Specific Examples

← Older revision		Revision as of 15:42, 17 January 2011
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	=Country Specific Examples=		=Country Specific Examples=

			==United States==

			A criminal defendant has the right to non self-incrimination at trial. This right comes from the 5th Amendment's right to remain silent. <ref>See Malloy v. Hogan, 378 U.S. 1, 6 (1964) (extending the 5th Amendment's protection against compulsory self-incrimination in court extends to the states through the 14th Amendment).</ref>

	==Kenya==		==Kenya==

	A defendant in criminal proceedings has the right to refuse to give testimony that would incriminate him/her in the present trial or a subsequent trial. If questions seeking to elicit incriminating evidence are raised during trial, counsel for the accused must raise timely objections to prevent any response that may have a prejudicial effect against the defendant.		A defendant in criminal proceedings has the right to refuse to give testimony that would incriminate him/her in the present trial or a subsequent trial. If questions seeking to elicit incriminating evidence are raised during trial, counsel for the accused must raise timely objections to prevent any response that may have a prejudicial effect against the defendant.

			=References=
			<references/>

	----		----
	See [[Rights of the Accused]]		See [[Rights of the Accused]]

Durankar at 12:07, 28 December 2010

2010-12-28T12:07:33Z

← Older revision		Revision as of 14:07, 28 December 2010
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	Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.		Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.

	=International Examples=		=International Law=



			=Country Specific Examples=

	==Kenya==		==Kenya==

Ibjadmin: /* Background */

2010-12-09T21:24:30Z

Background

← Older revision		Revision as of 23:24, 9 December 2010
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	=Background=		=Background=

	A right to non self-incrimination exists in many jurisdictions. In the United States, this is called the [[Right to Silence \| right to remain silent]]. The court recognizes this right in several ways. First, the court has recognized the right to non self-incrimination when it fashions common law privileges such as the attorney-client privilege, [[Marital Confidences and Spousal Testimonial Privileges\|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege\| priest-penitent privilege]]. ~~Iin~~ the United States a defendant is notified of this right by police through Miranda Warnings.		A right to non self-incrimination exists in many jurisdictions. In the United States, this is called the [[Right to Silence \| right to remain silent]]. The court recognizes this right in several ways. First, the court has recognized the right to non self-incrimination when it fashions common law privileges such as the attorney-client privilege, [[Marital Confidences and Spousal Testimonial Privileges\|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege\| priest-penitent privilege]]. In the United States a defendant is notified of this right by police through Miranda Warnings.

	Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.		Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.

Jbraun at 14:22, 17 November 2010

2010-11-17T14:22:56Z

← Older revision		Revision as of 16:22, 17 November 2010
Line 1:		Line 1:
			=Background=

	A right to non self-incrimination exists in many jurisdictions. In the United States, this is called the [[Right to Silence \| right to remain silent]]. The court recognizes this right in several ways. First, the court has recognized the right to non self-incrimination when it fashions common law privileges such as the attorney-client privilege, [[Marital Confidences and Spousal Testimonial Privileges\|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege\| priest-penitent privilege]]. Iin the United States a defendant is notified of this right by police through Miranda Warnings.		A right to non self-incrimination exists in many jurisdictions. In the United States, this is called the [[Right to Silence \| right to remain silent]]. The court recognizes this right in several ways. First, the court has recognized the right to non self-incrimination when it fashions common law privileges such as the attorney-client privilege, [[Marital Confidences and Spousal Testimonial Privileges\|marital confidences and spousal testimonial privileges]], and the [[Priest-Penitent Privilege\| priest-penitent privilege]]. Iin the United States a defendant is notified of this right by police through Miranda Warnings.

	Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.		Because the defendant has a right to non self-incrimination, she cannot be compelled to be a witness by the court.

			=International Examples=

			==Kenya==

			A defendant in criminal proceedings has the right to refuse to give testimony that would incriminate him/her in the present trial or a subsequent trial. If questions seeking to elicit incriminating evidence are raised during trial, counsel for the accused must raise timely objections to prevent any response that may have a prejudicial effect against the defendant.

	----		----
	See [[Rights of the Accused]]		See [[Rights of the Accused]]