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Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.
In 1868, the state of Georgia began to make its rapidly growing population of prisoners available for hire. The resulting convict leasing system ensnared not only men but also African American women, who were forced to labor in camps and factories to make profits for private investors. In this vivid work of history, Talitha L. LeFlouria draws from a rich array of primary sources to piece together the stories of these women, recounting what they endured in Georgia's prison system and what their labor accomplished. LeFlouria argues that African American women's presence within the convict lease and chain-gang systems of Georgia helped to modernize the South by creating a new and dynamic set of skills for black women. At the same time, female inmates struggled to resist physical and sexual exploitation and to preserve their human dignity within a hostile climate of terror. This revealing history redefines the social context of black women's lives and labor in the New South and allows their stories to be told for the first time.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Written by a young human rights worker, "Silence on the Mountain" is a virtuoso work of reporting and a masterfully plotted narrative tracing the history of Guatemala's 36-year internal war, a conflict that claimed the lives of more than 200,000 people.
Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published.With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one.The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
Around the world in the twentieth century, political violence in emerging states gave rise to different kinds of silence within their societies. This book explores the histories of these silences, how they were made, maintained, evaded, and transformed. This book gives a comprehensive view of the ongoing evolutions and multiple faces of silence as a common strand in the struggles of state-building. It begins with chapters that examine the construction of "regimes of silence" as an act of power, and it continues through explorations of the ambiguous limits of speech within communities marked by this violence. It highlights national and transnational attempts to combat state silences, before concluding with a series of considerations of how these regimes of silence continue to be extrapolated in the gaps of records and written history. This volume explores histories of the composed silences of political violence across the emerging states of the late twentieth century, not solely as a present concern of aftermath or retrospection but as a diachronic social and political dimension of violence itself. This book makes a major original contribution to international history, as well as to the study of political terror, human rights violations, social recovery, and historical memory.
The essential, cornerstone book of modern environmentalism is now offered in a handsome 40th anniversary edition which features a new Introduction by activist Terry Tempest Williams and a new Afterword by Carson biographer Linda Lear.
In 1995, in a marked reversal of progress in the march toward racial equity, the Board of Regents voted to end affirmative action at the University of California. One year later the electorate voted to do the same across the state of California. Silence at Boalt Hall is the thirty-year story of students, faculty, and administrators struggling with the politics of race in higher education at U.C. Berkeley's prestigious law school—one of the first institutions to implement affirmative action policies and one of the first to be forced to remove them. Andrea Guerrero is a member of the last class of students admitted to Boalt Hall under the affirmative action policies. Her informed and passionate journalistic account provides an insider's view into one of the most pivotal and controversial issues of our time: racial diversity in higher education. Guerrero relates the stories of those who benefited from affirmative action and those who suffered from its removal. She shows how the "race-blind" admission policies at Boalt have been far from race-neutral and how the voices of underrepresented minority students have largely disappeared. A hushed silence—the silence of students, faculty, and administrators unwilling and unable to discuss the difficult issues of race—now hangs over Boalt and many institutions like it, Guerrero claims. As the legal and sociopolitical battles over affirmative action continue on a number of consequential fronts, this book provides a rich and engrossing perspective on many facets of this crucial question.
The highly anticipated second—and final—book in the immersive fantasy duology inspired by West African folklore that began with the New York Times bestselling A Song of Wraiths and Ruin, from author Roseanne A. Brown. Perfect for fans of Tomi Adeyemi, Renée Ahdieh, and Sabaa Tahir. Karina lost everything after a violent coup left her without her kingdom or her throne. Now the most wanted person in Sonande, her only hope of reclaiming what is rightfully hers lies in a divine power hidden in the long-lost city of her ancestors. Meanwhile, the resurrection of Karina’s sister has spiraled the world into chaos, with disaster after disaster threatening the hard-won peace Malik has found as Farid’s apprentice. When they discover that Karina herself is the key to restoring balance, Malik must use his magic to lure her back to their side. But how do you regain the trust of someone you once tried to kill? As the fabric holding Sonande together begins to tear, Malik and Karina once again find themselves torn between their duties and their desires. And when the fate of everything hangs on a single, horrifying choice, they each must decide what they value most—a power that could transform the world, or a love that could transform their lives.
For seven days in April 1968, students occupied five buildings on the campus of Columbia University to protest a planned gymnasium in a nearby Harlem park, links between the university and the Vietnam War, and what they saw as the university’s unresponsive attitude toward their concerns. Exhilarating to some and deeply troubling to others, the student protests paralyzed the university, grabbed the world’s attention, and inspired other uprisings. Fifty years after the events, A Time to Stir captures the reflections of those who participated in and witnessed the Columbia rebellion. With more than sixty essays from members of the Columbia chapter of Students for a Democratic Society, the Students’ Afro-American Society, faculty, undergraduates who opposed the protests, “outside agitators,” and members of the New York Police Department, A Time to Stir sheds light on the politics, passions, and ideals of the 1960s. Moving beyond accounts from the student movement’s white leadership, this book presents the perspectives of black students, who were grappling with their uneasy integration into a supposedly liberal campus, as well as the views of women, who began to question their second-class status within the protest movement and society at large. A Time to Stir also speaks to the complicated legacy of the uprising. For many, the events at Columbia inspired a lifelong dedication to social causes, while for others they signaled the beginning of the chaos that would soon engulf the left. Taken together, these reflections present a nuanced and moving portrait that reflects the sense of possibility and excess that characterized the 1960s.