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Self-incrimination
In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person. In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around the EU's guide. Australia A limited right against self-incrimination exists at com ...
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Right To Remain Silent
The right to silence is a legal principle which guarantees any individual the right to refuse to confession (law), 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 cour ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ...
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Section Eleven Of The Canadian Charter Of Rights And Freedoms
Section 11 of the ''Canadian Charter of Rights and Freedoms'' is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11. Right to be informed of the offence Section 11(a) provides that The right of a person charged with an offence to be informed of the offence originated in section 510 of the ''Criminal Code'' as well as legal tradition. Some courts have used section 510 to help read section 11(a), concluding that the right allows for a person to be "reasonable informed" of the charge; thus it does not matter if a summons simply summarizes a charge. In '' R. v. Nova Scotia Pharmaceutical Society'' the Supreme Court of Canada found that an open-ended statute (prohibiting companies from "unduly" lessening competition) was not a breach of Section 11(a). In '' R. v. Delaronde'' (1997), the Supreme Court of Canada found section 11 (a) is meant not only to guarantee a fa ...
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Section Thirteen Of The Canadian Charter Of Rights And Freedoms
Section 13 of the Canadian Charter of Rights and Freedoms is a section of the Charter which, along with section 11 (c), specifies rights regarding self-incrimination. It reads: Rights against self-incrimination had existed in Canadian law even before the Charter, but these applied to cases in which an individual might incriminate him or herself while giving testimony in another person's trial. Since the enactment of the Charter, the right has been extended in case law in regard to retrials, to exclude from one's retrial self-incriminating evidence if it had been obtained during cross examination in the last trial.Morton, F.L. and Rainer Knopff. ''The Charter Revolution & the Court Party''. Toronto: Broadview Press, 2000, page 47. This section serves a similar purpose as the Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on Un ...
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International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ...
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Police
The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order as well as the public itself. This commonly includes ensuring the safety, health, and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers encompass arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the Law enforcement agency powers, police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usua ...
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England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ...
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United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and international security, security, to develop friendly Diplomacy, relations among State (polity), states, to promote international cooperation, and to serve as a centre for harmonizing the actions of states in achieving those goals. The United Nations headquarters is located in New York City, with several other offices located in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and The Hague. The UN comprises six principal organizations: the United Nations General Assembly, General Assembly, the United Nations Security Council, Security Council, the United Nations Economic and Social Council, Economic and Social Council, the International Court of Justice, the United Nations Se ...
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New York University Law Review
The ''New York University Law Review'' is a bimonthly general law review covering legal scholarship in all areas, including legal theory and policy, environmental law, legal history, and international law. The journal was established in 1924 as a collaborative effort between law students and members of the local bar. Its first editor-in-chief was Paul D. Kaufman. Between 1924 and 1950, it was at various times known as the ''Annual Review of the Law School of New York University'' and the ''New York University Law Quarterly Review'' before obtaining its current name in 1950. Selection Each year, the journal selects 52 new members from a class of approximately 450. Members are selected using a competitive process, which takes into account an applicant's first-year grades, performance in a writing competition, and potential to contribute to diversity on the journal. Abstracting and indexing The journal is abstracted and indexed in: According to the ''Journal Citation Reports'', the ...
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Deceit
Deception is the act of convincing of one or many recipients of untrue information. The person creating the deception knows it to be false while the receiver of the information does not. It is often done for personal gain or advantage. Deceit and dishonesty can also form grounds for civil litigation in tort, or contract law (where it is known as misrepresentation or fraudulent misrepresentation if deliberate), or give rise to criminal prosecution for fraud. Types Communication The Interpersonal Deception Theory explores the interrelation between communicative context and sender and receiver cognitions and behaviors in deceptive exchanges. Some forms of deception include: * Lies: making up information or giving information that is the opposite or very different from the truth. * Equivocations: making an indirect, ambiguous, or contradictory statement. * Concealments: omitting information that is important or relevant to the given context, or engaging in behavior that he ...
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Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of torture, Some definitions restrict torture to acts carried out by the state (polity), state, while others include non-state organizations. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners, or during armed conflict, has received disproportionate attention. Judicial corporal punishment and capital punishment are sometimes seen as forms of torture, but this label is internationally controversial. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Beginning in the twentieth century, many torturers have preferred non-scarring or psychological torture, psychological meth ...
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Toronto
Toronto ( , locally pronounced or ) is the List of the largest municipalities in Canada by population, most populous city in Canada. It is the capital city of the Provinces and territories of Canada, Canadian province of Ontario. With a population of 2,794,356 in 2021, it is the List of North American cities by population, fourth-most populous city in North America. The city is the anchor of the Golden Horseshoe, an urban agglomeration of 9,765,188 people (as of 2021) surrounding the western end of Lake Ontario, while the Greater Toronto Area proper had a 2021 population of 6,712,341. As of 2024, the census metropolitan area had an estimated population of 7,106,379. Toronto is an international centre of business, finance, arts, sports, and culture, and is recognized as one of the most multiculturalism, multicultural and cosmopolitanism, cosmopolitan cities in the world. Indigenous peoples in Canada, Indigenous peoples have travelled through and inhabited the Toronto area, ...
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