The Right to Silence: Using American and European Law to Protect a Fundamental Right

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Australia is increasingly seeing the erosion of the right to silence, through the passage of laws that require individuals to attend proceedings and to answer questions, upon pain of significant penalty if they refuse. Other comparable jurisdictions have considered such attempted intrusions upon this fundamental right, and the article considers these in the context of suggestions regarding stronger protection of this right in Australian law.
Original languageEnglish
Pages (from-to)527-567
Number of pages41
JournalNew Criminal Law Review
Volume16
Issue number4
DOIs
Publication statusPublished - 2013
Externally publishedYes

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