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Right To Silence
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems. The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole. The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical courts and their ''e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confession (law)
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, ''e.g.'' as "a statement admitting or acknowledging all facts necessary for conviction of a crime", which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense. The equivalent in civil cases is a statement against interest. History This specific form of testimony, involving oneself, is used as a form of proof in judicial matters, since at least the Inquisition. The value of confessions, however, are discussed, and law generally request cross-checking them with objective facts and others forms of evidence ( exhibits, testimonies from witnesses, etc.) in order to evaluate their truth value. Confessions were first developed in the Roman Catholic Church under the Sacrament o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Empire
The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It began with the English overseas possessions, overseas possessions and trading posts established by Kingdom of England, England in the late 16th and early 17th centuries, and colonisation attempts by Kingdom of Scotland, Scotland during the 17th century. At its height in the 19th and early 20th centuries, it became the List of largest empires, largest empire in history and, for a century, was the foremost global power. By 1913, the British Empire held sway over 412 million people, of the world population at the time, and by 1920, it covered , of the Earth's total land area. As a result, Westminster system, its constitutional, Common law, legal, English language, linguistic, and Culture of the United Kingdom, cultural legacy is widespread. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Independent Commission Against Corruption (New South Wales)
The Independent Commission Against Corruption (ICAC) is an integrity agency of the Government of New South Wales responsible for eliminating and investigating corrupt activities and enhancing the integrity of the state's public administration. The commission was established in 1989, pursuant to the , modeled after the ICAC in Hong Kong. It is led by a chief commissioner appointed for a fixed five-year term; and two part-time commissioners. Then-NSW Premier Mike Baird suggested in November 2016 his desire to move from a sole commissioner to a three-commissioner system, however this was strongly criticised by two former ICAC commissioners as weakening and politicising the organisation, leading to the resignation of then-Commissioner Megan Latham. The chief commissioner is currently John Hatzistergos, former state Labor minister and District Court judge. Helen Murrell and Paul Lakatos are currently part-time commissioners. The chief commissioner is required to submit a rep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companion Rule (Australian Criminal Law)
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 criminal offences and consequently potentially being subject to criminal proceedings. There is no constitutional protection for the right to silence in Australia, but a common law principle, known as the companion rule, provides individuals (but not corporations) this protection. There are some exclusions to the right to silence, such as the NSW Independent Commission Against Corruption where individuals can be compelled to give evidence. Background Australia has no constitutional protection for the right to silence, but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact, such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly, i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Inference
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. Essentially, when plaintiffs try to present evidence on a point essential to their case and can't because the document has been destroyed (by the defendant), the jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ... can infer that the evidence would have been adverse to (the defendant), and adopt the plaintiff’s reasonable interpretation of what the document would have said...." In the United States Adverse inference applies in United States civil trials, but not criminal trials; criminal defendants are prot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inquisitorial
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia (except Hong Kong), Indochina, Thailand, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors or infractions, such as minor traffic violations. The d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miranda V
Miranda may refer to: People * Miranda (given name), includes list of real and fictional people with given name Miranda * Miranda (surname), includes list of people with surname Miranda * Miranda (footballer, born 1947) (Deoclécio Manuel de Miranda), Brazilian footballer * Miranda (footballer, born 1957) (Donizete Manuel Onofre), Brazilian footballer * Miranda (footballer, born 1984) (João Miranda de Souza Filho), Brazilian footballer * Miranda (footballer, born 1998) (Guilherme dos Santos Rodrigues), Brazilian footballer * Miranda (footballer, born 2000) (Matheus dos Santos Miranda), Brazilian footballer * Miranda Hart (born 1972), English comedian and actress, sometimes mononymously referred to as Miranda Law * '' Miranda v. Arizona'', an American legal case * ''Miranda'' warning, an American police warning given to suspects about their rights, before they are interrogated Places Solar System * Miranda (moon), a moon orbiting Uranus Australia * Miranda, New South Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bram V
Bram may refer to: People * Bram (given name) * Bram (surname) * Thom Latimer (born 1986), English professional wrestler better known as his former ring name ″Bram″ * Bram Tchaikovsky (born 1950), stage name of British musician Peter Bramall * Bram Stoker Irish author of Dracula Other uses * Bram, Aude, a commune in France * Gare de Bram, Bram, Occitanie, France * Stade du Bram, a stadium in Louhans, France * Bram, nickname of the lead character in the 2012 Dutch Film '' Brammetje Baas'' See also * * Brahm (other) * Brams Brams is a surname. Notable people with the surname include: * Steven Brams (born 1940), American game theorist and political scientist * Ingeborg Brams (1921–1989), Danish film, radio, television, and theatre actress See also * Brahms (surn ..., a surname * CBRAM, conductive-bridging RAM {{Disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Counsel
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect. Around the world Australia In Australia, suspects and defendants have the right to have legal representation during investigation and trial. Those under investigation in general have the right to have an attorney present during questioning, but there are exceptions to this right. Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
