The Right to Remain Silent The right of silence long considered the most fundamental right of a suspect, was curtailed by the Criminal Justice and Public Order Act 1994 . The evidence provisions of the Criminal Justice and Public Order act 1994 (CJPOA), were some of the most contentious and hotly debated.[1] The Act changes the rules that govern how a court should deal with the silence of a suspect or a accused and in doing so, potentially makes inroads into an individuals right regarded as fundamental. Since the introduction of the CJPOA 1994, the failure by an accused to mention facts during police questioning, which are later relied on at trial, or failure to testify at trial, may now be the subject of prosecution comment at trial. The court may draw appropriate inferences form any such failure. Inferences cannot in themselves provide sufficient evidence for a conviction: a prima facie case must first be established form other evidence. But inferences may be used to reinforce the prosecution case or undermine that of the defence. The crux of the provisions is that the accused’s failure to mention facts during police questioning, which are later relied upon at trial, or failure to testify at trial, may be the subject adverse inferences. The European Court of Human Rights has held that the inferences from silence provisions do not in themselves breach European Convention on Human Rights. However, seeking to found a conviction solely on infere... ... middle of paper ... ...------------------------------------------------------------------ [1] Royal Commission for Criminal Justice 1981. 1993 [2] Murray (John) v UK (1996) 22 EHRR 29 [3] [1997] 2 Cr.App.R. 27, at p.37 [4] (at para. 61) [5] [1997] 1 Cr App R 185 [6] [1997] 2 Cr App R 27 [7] [1997] Crim LR 449 [8] [2001] EWCA Crim 224, (paras 53-54) [9] [2003] Crim.L.R. 405; [2003] EWCA Crim 1 [10] Robert Brown, “The Benign Continuum” [2003] 1 Archbold News [11] Anthony Edwards, “Inferences from silence¾the significance of legal advice,” [2003] 28 LSG [12] [2004]EWCA Crim 2766, [13] at para. 43 [14] [2003] EWCA Crim 1977 [15] [2005] 149 S.J. 301, C.A. (judgment 3 March 2005) [16] R v Hoare [2004] EWCA Crim 784 [17] The Royal Commission on Criminal Justice [1993], Cm 2263 at para 25
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
Feinberg, J. “ The Nature and Value of Rights.” Journal of Value Inquiry 4(1970): 243
Amendment of the Constitution. It is a difficult concept to embrace when individuals are faced
birth right for citizens born in this country. This right is taken for granted by many and is
Imagine a time when one could be fined, imprisoned and even killed for simply speaking one’s mind. Speech is the basic vehicle for communication of beliefs, thoughts and ideas. Without the right to speak one’s mind freely one would be forced to agree with everything society stated. With freedom of speech one’s own ideas can be expressed freely and the follower’s belief will be stronger. The words sound so simple, but without them the world would be a very different place.
This section is about the basic unalienable rights that every human should have life, liberty, and the pursuit of happiness are some of the rights that are talked about in this section. It also talks about how some people have the right to overthrow an unjust government. It states that government should not be changed for light or unimportant reasons. An
the right to deny others of the option. Finally, a woman has the right to
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the elaboration of the First Amendment. The majority of the Founding Fathers were enlightenment thinkers who were in love with liberty, and thought that basic political rights were inevitable for man’s nature. After having experienced the tyranny from their mother countries, the Founding Fathers carefully constructed the Constitution of the United States in a way where tyranny was avoided and a government for the people, by the people and of the people was developed, which is clearly reflected in the Constitution. At the time of inception of the United States, the Founding Fathers created the First Amendment in order to ensure that the government would not interfere with Americans’ basic civil rights. The rights outlined on the First Amendment were considered so important by these leaders that many states refused to ratify the Constitution of the United Sates until there was a conjecture of amendments that would protect individual rights in the future.
The Charter of Rights and Freedoms has fundamentally shaped Canadian society since its inception through the Constitution Act of 1982. Promising egalitarian, linguistic, religious as well as other basic rights, the Charter of Rights and Freedoms is one of the primary doctrines in which Canadian law is founded upon. Many have argued that the advent of the Charter has transformed Canadian society into one that is preoccupied with that of rights. The rise in social movements, specifically in areas of women’s rights, indigenous rights and homosexual rights, are indicative of this. The Charter has created a divide amongst those who believe that this rise in a “rights culture” is ultimately beneficial if not necessary for Canadian society, especially in preserving the voices of the marginalized citizenry who until recently remained invisible in the eyes of parliament, and those who believe that Canada as nation has become preoccupied with preserving the right of gays, lesbians, women and other minority groups that it has sacrificed its majoritarian values. The word preoccupation, especially used in this context, holds a negative connotation suggesting some sort of obsession, and to describe Canada as a nation “preoccupied” with rights is an overstatement. Canada’s recent Charter revolution has often been seen as a means by which minority groups enact their own changes which may or may not be seen as desirable by a majority of people. However, because the Charter is important in preserving the rights of marginalized or minority groups, this can ultimately be beneficial for those whose world views have historically been persecuted. The subsequent paragraphs will further discuss how Canada’s recent Charter revolution has transformed Canada...
The right to privacy and the right to be forgotten are both what most people think of has a something that they must have like the right of freedom or the right to bears arms. However, that done not apply to everyone like criminals, politicians and everyday people who all post things on the internet or someone during for them. I think that the right to be forgotten is not for those kind of people.
From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.
derived from or dependent on any form of government or political power. This right is inherent in every individual. The power of freedom cannot be yielded, nor can it be denied. True justice comes from the exercise of rights.
The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.
Simmons, A. John (1992). The Lockean Theory of Rights. Princeton, New Jersey: Princeton University Press. 127.